THE NATIONAL ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
Law No. 38/2019/QH14
|
Hanoi, June 13, 2019
|
LAW
ON TAX ADMINISTRATION
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The National
Assembly promulgates the Law on Tax administration.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of amendments
This Law
provides for administration of taxes and other amounts payable to the state
budget.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1.
Taxpayers include:
a)
Organizations, households, household businesses and individuals paying taxes in
compliance with provisions on taxation;
b)
Organizations, households, household businesses, individuals paying other
amounts to the state budget;
c)
Organizations and individuals deducting tax from income.
2. Tax
authorities, including:
a)
General Department of Taxation, Departments of Taxation of provinces, and
Sub-departments of Taxation of districts;
b)
General Department of Vietnam Customs, Departments of Customs, Post Clearance
Audit Departments, Sub-department of Customs.
3. Tax
officials and customs officials (hereinafter referred to as “tax officials”).
4. Other
relevant state agencies, organizations and individuals.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In this
Law, the undermentioned terms shall be defined as follows:
1. “tax”
means a compulsory amount payable to the state budget by organizations,
households, household businesses, individuals as prescribed by tax laws.
2. Other
amounts payable to the state budget collected by tax authorities include:
a) Fees
and charges prescribed in the Law on Fees and charges;
b) Land
levies payable to the state budget;
c) Rents
for land and water surface;
d)
Payment for the mining permit;
dd)
Payment for the water resources exploitation permit;
e)
Amounts payable to the state budget derived from revenue from sale of property
on lands, transfer of land use rights as prescribed in the Law on Management
and use of public property;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Late
payment interest and other revenues as prescribed by law.
3. Other
amounts payable to the state budget not collected by tax authorities include:
a)
Payments for dumping at sea prescribed in the law on natural resources,
environment of sea and islands;
b) Fees
for protection and development of paddy soils in compliance with provisions on
land;
c) Fines
for administrative violations in accordance with provisions on imposition of
penalties for administrative violations other than administrative tax offences
and customs offences;
d)
Amounts payable to the state budget in accordance with provisions on
management, use of public property collected from the management, use,
exploitation of public property for purposes of business, renting, joint
venture, association, after completion of tax, fee and charge liabilities;
dd)
Foreign aids;
e) Other
revenues as prescribed by law.
4. “premises
" of the taxpayer means the location where the taxpayer partially or
fully operate their business, including the headquarters, branches, stores,
factories, goods storage, asset storage; residences or places where tax is
incurred.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. “tax
period” means a period of time used to determine tax liabilities that must
be paid towards the state budget in accordance with provisions on taxation.
7. “tax
return” means a document stipulated by the Minister of Finance and used by
taxpayers to declare information for the purpose of determining tax
liabilities.
8. “customs
declaration” means a document stipulated by the Minister of Finance and
used as a tax return for imported or exported goods.
9. “tax
dossier” is either an application for taxpayer registration, tax
declaration, tax refund, tax exemption, tax reduction, late payment interest
exemption, late payment interest cancellation, extension of tax payment
deadline, tax payment by installments, tax cancellation; customs dossier;
application for tax debt freezing; application for cancellation of tax debts,
late payment interest, penalties.
10. “Tax
statement” means the calculation of tax accrued in a tax year or over the
period from the beginning of a tax year to the termination of taxable
activities, or over the period during which taxable activities occur as
prescribed by law.
11. “Tax
year” is determined based on the Gregorian calendar, from January 01 to
December 31; in case the fiscal year is different from the Gregorian year, the
tax year will be the fiscal year.
12. “Tax
liability fulfillment” means full payment of tax liabilities, late payment
interest, penalties of tax violations and other amounts payable to the state
budget.
13. “tax
enforcement” means the application of measures specified in this Law and
other relevant provisions to enforce taxpayers’ fulfillment of their tax
liabilities.
14. “tax
risk” means the risk of non-compliance from taxpayers leading to loss of
the state budget revenue.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
16. “advance
pricing agreement” means a documented agreement between tax authorities and
taxpayers or between tax authorities, taxpayers and tax authorities of foreign
countries and territories with whom Vietnam signed and acceded to agreements on
prevention of double taxation and tax evasion for income tax within a time
limit. Taxing bases, methods of pricing or pricing based on market rate are
specified in this agreement. Advance pricing agreement is established before
taxpayers file their taxes.
17. “tax
debt” means the tax and other amounts payable to the state budget that the
taxpayer has yet to pay to the state budget by the deadline prescribed by law.
18. “commercial
database” means a system of commercial information and data of enterprises
that are organized, arranged and updated, and are provided to tax authorities
by business organizations as prescribed by law.
19. “taxpayer
information” means information on taxpayers and their tax
liabilities provided by taxpayers or collected by tax authorities during the
process of tax administration.
20. “tax
administration information system” includes systems for tax
statistical and accounting information and other information in service to tax
administration.
21. “related
parties” means parties directly or indirectly participating in the
management, control, capital contribution of enterprises; parties under direct
or indirect management, control of an organization or individual; parties whose
capitals are contributed to by one organization or individual; enterprises
managed, controlled by close-knit individuals of a family.
22. “related-party
transaction” means a transaction between related parties.
23. “independent
transaction” means a transaction between unrelated parties.
24. “regulations
of independent transaction” means regulations implemented in tax
declaration and pricing determination for taxpayers with related-party
transactions so as to reflect the transaction conditions of related-party
transactions equivalent to those of independent transactions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
26. “supreme
parent company” of a conglomerate means a legal entity with direct
or indirect owner’s equity in other legal entities of a multinational
conglomerate, not owned by any other legal entity, with its consolidated
financial statements remaining separate from financial statements of other
legal entities worldwide.
27. “Force
majeure events” include:
a)
Taxpayers suffering from physical damage caused by natural disasters,
catastrophes, epidemics, fire, sudden accidents;
b) Other
force majeure situations as prescribed by the Government.
Article 4. Contents of tax administration
1. Taxpayer
registration, tax declaration, tax payment, tax liability imposition.
2. Tax
refund, tax exemption, tax reduction, tax cancellation.
3. Tax
debt charge off; cancellation of tax debts, late payment interest, penalties;
late payment interest and penalty exemption; late payment interest
cancellation; extension of tax payment deadline; tax payment by installments.
4.
Administration of taxpayer information.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Tax
audit, tax document examination and implementation of preventive measures
against tax violations.
7. Tax
enforcement.
8.
Actions against tax-related administrative violations.
9.
Settlement of tax-related complaints, denunciations.
10.
Tax-related international cooperation.
11.
Propagation and assistance for taxpayers.
Article 5. Rules for tax administration
1. All
organizations, households, household businesses, individuals shall pay their
taxes in compliance with the law.
2. Tax
authorities and other State agencies tasked with revenue administration
shall implement tax administration as prescribed in this Law and other relevant
provisions, ensuring publicity, transparency, equality and ensuring legitimate
rights and benefits of taxpayers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4.
Implement reform of administrative procedures and application of modern
information technology to tax administration; apply tax administration rules in
accordance with international practice, including regulations of tax
liabilities determined by nature of activities and transactions, regulations of
risk management in tax administration and other regulations suitable with
Vietnamese conditions.
5. Take
priority measures when carrying out tax-related procedures for imported and
exported goods in compliance with provisions on customs and Governmental
provisions.
Article 6. Prohibited activities in tax administration
1.
Collusion, connection, cover-up between taxpayers and tax officials, tax
authorities for price transfer and/or tax evasion.
2.
Inconvenience, burden to tax payers.
3. Taking
advantage to seize or put tax money to illegal use.
4.
Deliberate avoidance of declaration or inadequate, late, inaccurate declaration
of tax liabilities.
5.
Obstructing operations of tax officials.
6. Using
tax identification numbers of other persons to conduct violations against the
law or allowing other persons illegal use of one’s tax identification number.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8.
Alteration, misuse, illegal access or destruction to taxpayer information
system.
Article 7. Currencies in tax declaration and tax payment
1. The
currency for tax declaration and payment is the Vietnamese Dong, except for
cases where tax declaration and payment in foreign convertible currencies are
allowed.
2.
Taxpayers who do bookkeeping in foreign currencies in accordance with the
Accounting Law must exchange such bookkeeping into the Vietnamese dong based on
the exchange rates applicable when the transaction is conducted.
3. For
imported and exported goods, the currency for tax payment is the Vietnamese
Dong, except for cases where tax declaration and payment in foreign convertible
currencies are allowed. Exchange rates used for taxation shall follow
provisions on customs.
4. The
Minister of Finance shall stipulate the currencies of tax declaration and
payment using foreign convertible currencies prescribed in clause 1, clause 3
and real exchange rates prescribed in clause 2 of this Article.
Article 8. E-transactions in taxation
1.
Taxpayers, tax authorities, state management agencies, organizations,
individuals meeting requirements on e-transactions in taxation must carry out
e-transactions with tax authorities as prescribed by this Law and provisions on
e-transactions.
2.
Taxpayers who have carried out e-transactions in taxation shall not have to use
another transaction method.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4.
Taxpayers must comply with requirements from tax authorities announced via
electronic notifications, decisions and documents in the same way as via
physical notifications, decisions and documents.
5.
Electronic records used in e-transactions must have electronic signatures in accordance
with provisions on e-transactions.
6.
Agencies and organizations whose electronic information is shared with tax
authorities must use electronic records during transactions with tax
authorities; use electronic records issued by tax authorities to settle
administrative procedures for taxpayers and shall not request physical records
from taxpayers.
7. Tax
authorities organizing electronic information systems shall have the
responsibility to:
a)
Provide guidelines, assist taxpayers, providers of e-transaction services in
taxation, banks and relevant organizations in carrying out e-transactions in
taxation;
b)
Develop, manage, operate the electronic tax information receipt and processing
system, ensuring security, safety, confidentiality and continuation;
c)
Develop information sharing systems, provide information on amount of tax paid
to the state budget, on electronic tax payments by taxpayers to relevant
agencies, organizations, individuals so as to process administrative procedures
for taxpayers as prescribed by law;
d)
Update, manage, provide information on registration of electronic tax
transactions of taxpayers; verify e-transactions between taxpayers collecting
organizations so as to implement administration of tax and of revenues of the
state budget;
dd)
Process administrative tax procedures electronically;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. The
Minister of Finance shall specify documents and procedures for electronic tax
transactions.
Article 9. Risk management in tax administration
1. Tax
authorities shall implement risk management in taxpayer registration, tax
declaration, tax payment, tax debts, tax enforcement, tax refund, tax audit,
tax inspection, management and use of invoices, records and other tax
administration tasks.
2.
Customs authorities shall implement risk management in tax declaration, tax
refund, tax cancellation, tax audit, tax inspection and other tax
administration tasks.
3.
Implementation of risk management mechanism in tax administration includes
collecting, processing information, data related to taxpayers; formulating
criteria of tax administration; evaluating regulatory compliance of taxpayers;
categorizing levels of risk in tax administration and organizing the
implementation of suitable tax administration measures.
4.
Evaluation of regulatory compliance of taxpayers and categorization of levels
of risk in tax administration:
a)
Assessment of regulatory compliance of taxpayers shall be conducted based on
systems of criteria, information on work history of taxpayers, compliance
processes and cooperating relationships with tax authorities in implementing
tax provisions, and rate of tax violations;
b)
Categorization of levels of risk in tax administration shall be conducted based
on the regulatory compliance of taxpayers. During the categorization of risk
levels, tax authorities shall consider relevant contents, including information
on risk signs; signs, actions of tax administration violations; information
from results of operations of tax authorities, other relevant authorities as
prescribed in this Law;
c) Tax
authorities shall use the results of evaluation of taxpayers’ regulatory
compliance and categorization of levels of risk in tax administration to
implement suitable measures of tax administration.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. c) The
Minister of Finance shall stipulate criteria for evaluation of taxpayers'
regulatory compliance, categorization of risk levels and application of risk
management in tax administration.
Article 10. Building tax administration force
1. The
tax administration force shall be built with transparency and strength;
equipped with and proficient in modern techniques, operating with validity and
efficiency.
2. Tax
officials are persons meeting requirements on recruitment, appointment into
ranks, posts, titles in tax authorities; receiving training and professionally
upgrading, managed and employed in accordance with provisions on officials.
3.
Regulations on service, titles, standards, salary, other preferential rewards,
insignias and uniforms of tax officials shall be implemented as prescribed by
law.
4. Tax
authorities shall be responsible for training and building the force of tax
administration officials so as to perform the functions of tax administration
as prescribed by law.
Article 11. Modernization of tax administration
1. Tax
administration shall be modernized in terms of management methods,
administrative procedures, apparatus, official and public employee force;
widely apply modern techniques and information technology to accurate
information databases on taxpayers so as to control all taxable entities and
tax bases; ensure fast and accurate estimation of revenues of the state budget;
identify and take action against tax-related difficulties, violations timely;
improve validity and efficiency of tax administration. Based on the
socio-economic development of each period of time, the State shall ensure
sufficient financial resources for the implementation of the provisions in this
clause.
2. The
State shall enable organizations and individuals to participate in the
development of advanced technology and techniques with a view to applying
modern methods of tax administration, carrying out e-transactions and
electronic tax administration; boosting the development of payment services via
commercial bank systems and other credit institutions in order to gradually
limit cash transactions from taxpayers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 12. Tax-related international cooperation by tax
authorities
Tax
authorities shall have the following responsibilities ex officio:
1.
Advising the Minister of Finance on proposing negotiation, signing and
exercising rights and duties, and ensuring the interest of the Socialist
Republic of Vietnam according to international treaties signed or acceded by
the Socialist Republic of Vietnam;
2.
Negotiating, signing and organizing the implementation of bilateral or
multilateral agreements with foreign tax authorities;
3.
Organizing the development and exchange of information and professional
cooperation with foreign tax authorities, relevant international organizations.
Exchanging information on taxpayers and on parties related to foreign tax
authorities so as to support tax administration regarding related-party
transactions;
4.
Implementing measures of support for tax collection in accordance with international
conventions signed or acceded by the Socialist Republic of Vietnam, including:
a)
Requesting foreign tax authorities and authorities to support the collection of
Vietnamese tax debts in foreign countries when the taxpayers are no longer in
Vietnam;
b)
Following requests of foreign tax authorities, carrying out the support for
foreign tax debt collection in Vietnam by means of expediting tax debt
collection in accordance with provisions of this Law and appropriate to the
realities of tax administration in Vietnam.
Article 13. Tax accounting and statistics
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Tax
authorities shall carry out statistical work on the amount of tax that receives
preferential treatment, exemption and/or reduction and other statistical
information on taxes and taxpayers in accordance with provisions on statistics
and law on taxation.
3.
Annually, tax authorities shall submit a report on tax bookkeeping and
statistics to authorities and implement publicity of information as prescribed
by law.
Chapter II
DUTIES, POWERS AND RESPONSIBILITIES OF
AUTHORITIES, ORGANIZATIONS AND INDIVIDUALS IN TAX ADMINISTRATION
Article 14. Duties and powers of the Government
1.
Unifying state management of tax administration, ensuring close cooperation
between regulatory bodies and local governments in tax administration.
2.
Extending tax payment deadlines for business entities, sectors and professions
in case of special difficulties in each specific period of time.
3. Reporting
the state of tax administration to the National Assembly, the Standing
Committee of the National Assembly and the President upon request.
Article 15. Duties, powers and responsibilities of
Ministries, Ministry-level agencies, Governmental agencies
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a)
Promulgating as authorized or proposing legislative documents on tax administration
to a competent authority;
b)
Organizing tax administration in accordance with this Law and other relevant
provisions;
c)
Organizing the formulation and implementation of the collection of state budget
revenue;
d)
Organizing audits and inspections on compliance with tax regulations and other
relevant provisions;
dd)
Acting against regulatory violations and settling complaints and denunciations
related to the implementation of tax regulations as authorized;
e)
Organizing tax-related international cooperation;
g)
Cooperating with the Ministry of Planning and Investment and other relevant
Ministries in providing guidance on independent appraisal of value of
machinery, equipment and technological lines as prescribed in the Law on
Investment.
2. The
Ministry of Public Security shall have the following responsibilities:
a)
Sharing and receiving information from tax authorities on the fulfillment of
tax liabilities incurred from registration of ownership and right to use of
road vehicles as prescribed by law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The
Ministry of Industry and Trade shall have the following responsibilities:
a)
Directing and providing guidelines to authorities on sharing and providing
related information so as to cooperate with the Ministry of Finance in tax
administration of enterprises and individuals involved in activities of
e-commerce, commercial rights transfer and related activities.
b)
Directing and providing guidelines on the cooperation between competent
authorities and tax authorities in conforming to regulations on the trading of
commercial goods and services in the market and other fields as prescribed by
law.
4. The
Ministry of Information and Communications shall have the following
responsibilities:
a)
Directing and providing guidelines on the cooperation between competent
authorities and tax authorities in tax administration for provision and use of
Internet services, online information and online games;
b)
Directing and providing guidelines on the cooperation between competent
authorities and tax authorities in sharing and providing information related to
organizations and individuals directly participating or involving in
management, provision and use of Internet services, online information and
online games;
5. The
State Bank of Vietnam shall have the following responsibilities:
a)
Directing and providing guidelines to credit institutions on sharing and
providing information related to banking transactions made by organizations
and/or individuals to tax authorities; cooperating with tax authorities in
enforcing tax decisions as prescribed in this Law;
b)
Building and developing systems for national e-commerce payment, integrated
electronic payment utilities so as to widely implement e-commerce models.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. The
Ministry of Planning and Investment shall have the following responsibilities:
a)
Directing and providing guidelines on the cooperation between competent
authorities and tax authorities in granting and revoking certificates of
enterprise registration, business registration, investment registration,
taxpayer registration and other registrations of taxpayers via the interlinked
single-window system;
b)
Directing and providing guidelines to competent authorities on increasing the
appraisal of investment projects so as to prevent price transfer and tax
avoidance;
c)
Directing and providing guidelines to competent authorities on increasing the
inspection, audit and appraisal of quality and value of machinery, equipment
and technology in service to operations of investment projects;
d)
Directing and providing guidelines on the cooperation between competent
authorities and tax authorities in conforming to regulations on preferential
rewards for investment appropriate to tax regulations.
7. The
Ministry of Natural Resources and Environment shall have the following
responsibilities:
a)
Directing and providing guidelines on the cooperation between competent
authorities and tax authorities in managing revenues related to land, property
attached to land and natural resources;
b)
Providing taxpayer information managed by natural resources and environment
authorities and related to tax administration per requests from tax
authorities.
8. The
Ministry of Transport shall have the following responsibilities:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b)
Sharing and providing information on technical criteria related to revenue
administration for vehicles subject to registration of ownership and right to
use.
9. The
Ministry of Labor - War Invalids and Social Affairs shall be responsible for
directing and providing guidelines to competent authorities on sharing and
providing information related to work permits of foreign workers working in
Vietnam and Vietnamese workers working overseas to tax authorities.
10. The
Ministry of Health shall be responsible for directing and providing guidelines
on the cooperation between competent authorities and tax authorities in sharing
and providing information on pharmacies and healthcare establishments.
11.
Ministries, Ministry-level agencies, Governmental agencies shall be responsible
for cooperating with the Ministry of Finance in performing the duties of state
management of tax administration as prescribed by the Government’s regulations.
Article 16. Rights of taxpayers
Taxpayers
have the right to:
1.
Receive assistance and guidance when paying tax; provide information and/or
materials to fulfill tax liabilities and exercise tax rights.
2.
Receive documents related to tax liabilities from competent authorities upon
inspections, reviews and/or audits.
3.
Request tax authorities to explain tax calculation and/or tax liability
imposition; request assessment of quantity, quality, types of imported and/or
exported goods.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Enjoy
tax incentives and/or tax refund in accordance with tax regulations; be
informed of tax refund schedule, non-refundable tax and legal bases of
non-refundable tax.
6. Sign
contracts with tax agents and/or customs agents.
7.
Receive tax decisions, tax audit/inspection records; request explanation for
contents of tax handling decisions; having opinions recorded in
audit/inspection records; receive audit/inspection conclusion documents and tax
decisions after inspections/audits by tax authorities.
8.
Receive compensation for damage caused by tax authorities and/or tax officials
as prescribed by law.
9.
Request tax authorities to confirm the fulfillment of their tax liabilities.
10. File
complaints, initiate legal proceedings against administrative decisions and/or
actions related to their legitimate rights and benefits.
11. Enjoy
exemption from penalties for administrative tax offences, exemption from late
payment interest for cases where taxpayers comply with guidelines and handing
decisions of tax authorities and/or state authorities on determination of their
tax liabilities.
12.
Report violations committed by tax officials, other organizations and/or
individuals in accordance with provisions on reporting.
13.
Access and print all electronic records that taxpayers have sent to web portals
of tax authorities as prescribed in this Law and law on e-transactions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 17. Responsibilities of taxpayers
1. Apply
for taxpayer registration and use TINs as prescribed by law.
2.
Declare tax accurately, honestly and adequately and submitting tax dossiers on
time; take legal responsibility for the accuracy, honesty and adequacy of tax
dossiers.
3. Pay
tax, late payment interest and/or penalties fully, on schedule and at the right
location.
4.
Conform to regulations on accounting, statistics and management, use of
invoices and records as prescribed by law.
5.
Truthfully and fully record the taxable activities and transactions.
6. Issue
and deliver invoices and records to buyers with the correct quantity, type and
actual payment amount when selling goods and/or providing services as
prescribed by law.
7.
Provide information and/or materials related to the determination of tax
liabilities accurately, fully and promptly, including information on investment
value; transaction IDs and contents of accounts opened at commercial banks
and/or other credit institutions; explain declared tax and/or tax payment as
requested by tax authorities.
8. Comply
with decisions, notifications and requests of tax authorities, tax officials as
prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10.
Taxpayers operating businesses in areas with available information technology
infrastructure must declare and pay tax and carry out transactions with tax
authorities electronically as prescribed by law.
11. Based
on the availability of information technology equipment, the Government shall
specify the documents that regulatory authorities already have and thus can be
excluded from tax declarations, applications for tax refund and other tax
dossiers.
12.
Develop, manage and operate systems of technical infrastructure so as to ensure
e-transactions with tax authorities; sharing information related to the
fulfillment of tax liabilities with tax authorities
13.
Taxpayers who have entered into related-party transactions have the
responsibility to create, retain, declare and provide documents on taxpayers
and their related parties, including information on related parties residing in
foreign countries or territories according to the Government's regulations.
Article 18. Duties of tax authorities
1.
Organize collection of tax and other amounts payable to the state budget in
accordance with tax regulations and other relevant provisions.
2.
Disseminate and provide guidelines on tax regulations; publish tax procedures
on tax authorities’ premises and websites and via mass media.
3.
Provide explanation and information related to the determination of tax liabilities
to taxpayers; take responsibility for publicly announcing tax rates of
household and individual businesses in communes.
4.
Protect confidentiality of information of taxpayers, except for information
provided to competent authorities or publicly announced as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6.
Confirm tax liability fulfillment of taxpayers upon request as prescribed by
law.
7. Settle
complaints and denunciations related to the implementation of tax regulations
as authorized.
8.
Provide tax-related records, conclusions and/or tax decisions after tax
audits/inspections for taxpayers and provide explanation upon request.
9.
Compensate taxpayers in accordance with provisions on the State’s compensation
responsibilities.
10. Carry
out assessment to determine tax liabilities of taxpayers as requested by State
authorities.
11.
Develop and organize the electronic information systems and apply information
technology to e-transactions in taxation.
Article 19. Powers of tax authorities
Tax
authorities have the right to:
1.
Request taxpayers to provide information and/or materials related to the
determination of tax liabilities, including information on investment value;
transaction IDs and contents of accounts opened at commercial banks and/or
other credit institutions and explaining tax calculation, tax declaration
and/or tax payment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3.
Conduct tax audits/inspections as prescribed by law.
4. Impose
fixed tax.
5.
Enforce tax decision.
6. Impose
penalties for administrative violations of tax administration as authorized;
publish tax-related regulatory violations on mass media.
7.
Implement preventive measures and ensuring that actions are taken against tax-related
administrative violations.
8.
Delegate collection of some taxes to agencies, organizations and/or individuals
in accordance with the Government’s provisions.
9. Apply
advance pricing agreement to taxpayers and tax authorities of foreign countries
and territories with whom Vietnam signed and acceded to agreements on
prevention of double taxation and tax evasion for income tax.
10.
Purchase information, materials and data from domestic and foreign providers to
serve tax administration; pay for delegation of tax collection from collected
tax or from budget of tax authorities as prescribed in the Government’s
provisions.
Article 20. Duties and powers of People’s Councils and
People’s Committees of all levels
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.
People’s Committees of all levels shall have the following responsibilities ex
officio:
a)
Directing relevant local agencies to cooperate with tax authorities in
formulating cost estimate and organizing the collection of tax and other
amounts payable to the state budget in localities;
b)
Cooperating with the Ministry of Finance, tax authorities and other competent
authorities in managing and implementing tax regulations;
c) Acting
against administrative violations and settling complaints and denunciations
related to the implementation of tax regulations as authorized.
Article 21. Duties and powers of the State Audit Office
1. Conducting
audits on operations of tax authorities in accordance with regulations on state
audit, on taxation and other relevant provisions.
2.
Proposals offered by the State Audit Office related to the fulfillment of tax
liabilities of taxpayers:
a) In
case the State Audit Office directly conducts an audit on a taxpayer as
prescribed in the Law on the State Audit Office, if there is any request on the
payment of amounts payable to the state budget, the State Audit Office must
send an audit record or report to the taxpayer, and the taxpayer shall be
responsible for fulfilling such request. In case the taxpayer disagrees with
the request, they may file a complaint against it;
b) In
case the State Audit Office directly conducts an audit at a tax authority
instead of on a taxpayer, if there is any request on tax liability fulfillment
in the audit report, the State Audit Office shall send a copied excerpt
containing the request to the taxpayer. The tax authority shall be responsible
for organizing the fulfillment of the request from the State Audit Office. In
case the taxpayer disagrees with the stated tax liabilities, they may file a
request for the tax authority and the State Audit Office to review such
liabilities. Based on the taxpayer’s request, the State Audit Office shall take
charge and cooperate with the tax authority in determining the taxpayer’s
correct tax liabilities and be answerable as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1.
Conducting inspections on operations of tax authorities in accordance with
regulations on inspection, on taxation and other relevant provisions.
2.
Conclusions of the State Inspectorate related to tax liabilities of taxpayers:
a) In
case the State Inspectorate directly conducts an inspection on a taxpayer as
prescribed in the Law on Inspection, if there is any conclusion related to the
payment of amounts payable to the state budget, the State Inspectorate must
send an inspection record or conclusion to the taxpayer, and the taxpayer shall
be responsible for fulfilling such conclusion. In case the taxpayer disagrees
with the conclusion, they may denounce it;
b) In
case the State Inspectorate directly conducts an inspection at a tax authority
instead of on a taxpayer, if there is any request related to tax liabilities in
the inspection conclusion, the State Inspectorate shall send a copied excerpt
containing the conclusion to the taxpayer. The tax authority shall be
responsible for organizing the fulfillment of this conclusion. In case the
taxpayer disagrees with the stated tax liabilities, they may file a request for
the tax authority and the State Inspectorate to review such liabilities. Based
on the taxpayer’s request, the State Inspectorate shall take charge and
cooperate with the tax authority in determining the taxpayer’s correct tax
liabilities and be answerable as prescribed by law.
Article 23. Duties and powers of investigating bodies,
Procuracies and Courts
Investigating
bodies, Procuracies and Courts shall ex officio be responsible for receiving,
processing and handling crime reports and petitions to press charges, for
bringing charges against, investigating, prosecuting and trying tax-related
criminals timely and justly, as prescribed by law, and announcing the handling
results to tax authorities.
Article 24. Duties and powers of the Vietnamese Fatherland
Front
1. The
Vietnamese Fatherland Front shall propagate and mobilize all people’s classes
to properly conform to regulations on taxation.
2. The
Vietnamese Fatherland Front shall supervise and socially criticize taxation;
report to and request state authorities to consider and resolve tax-related
issues as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Social
political - professional organizations, social organizations and socio -
professional organizations shall cooperate with tax authorities in propagating,
disseminating and teaching tax regulations to their members.
2. Social
political - professional organizations, social organizations and socio -
professional organizations shall cooperate with tax authorities in providing
information related to tax administration.
Article 26. Duties and powers of information and press
authorities
1.
Information and press authorities shall propagate and disseminate tax policies
and regulations, set organizations and individuals complying with tax
regulations as examples, report and criticize tax violations.
2.
Information and press authorities shall cooperate with tax authorities in
uploading and providing information as prescribed by law.
Article 27. Duties and powers of commercial banks
1.
Commercial banks cooperating in collecting tax and other amounts payable to the
state budget shall have the responsibility to:
a)
Cooperate with tax authorities and the State Treasury in implementing
electronic tax payment and tax refund for taxpayers; process, compare and
review electronic data about tax payment and tax refund;
b)
Transmit and receive records of electronic tax payment, of transfer of amounts
payable to the state budget to the State Treasury fully, accurately and timely
as prescribed by law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d)
Protect confidentiality of information of taxpayers and customs declarants as
prescribed by law.
2.
Provide information on account IDs based on the TINs of taxpayers when they
open new accounts.
3. Deduct
and pay tax in compliance with provisions on taxation of overseas organizations
and individuals whose e-commerce activities generate income in Vietnam.
4. Deduct
tax from taxpayers’ accounts, freeze accounts of taxpayers as requested by tax
authorities under tax enforcement decisions.
5. In
case a taxpayer has obtained guarantee and fails to pay tax, late payment
interest, penalties and other amounts payable to the state budget on schedule,
the guaranteeing bank shall pay such amounts on behalf of the guaranteed
taxpayer.
6. The
Government shall elaborate this Article.
Article 28. Tax consulting councils of communes
1. Based
on number and scale of household and individual businesses in localities,
Chairpersons of commune-level People’s Committees shall make decisions on the
establishment of Tax consulting councils of communes as requested by Heads of
Sub-departments of Taxation of provinces or Heads of Sub-departments of
Taxation of districts.
2. Tax
consulting councils of communes shall perform the duties of advising tax
authorities on revenues and tax rates of household and individual businesses
paying local poll tax and cooperating with tax authorities in expediting
household and individual businesses to fulfill their tax liabilities as
prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The
Minister of Finance shall stipulate the operation, powers and responsibilities
of Tax consulting councils of communes.
Article 29. Duties and powers of other organizations and
individuals
1.
Providing information related to the determination of tax liabilities as
requested by tax authorities.
2.
Cooperating with tax authorities in implementing handling decisions on
tax-related administrative violations.
3.
Reporting tax-related regulatory violations to tax authorities or state
authorities.
4.
Requesting sellers and/or service providers to deliver invoices and records of
goods and/or services with the correct quantity, type and actual payment amount
when purchasing goods and/or services.
Chapter III
TAXPAYER REGISTRATION
Article 30. Applying for taxpayer registration and TIN
issuance
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a)
Enterprises, organizations and/or individuals shall apply for taxpayer
registration through the interlinked single-window system together with
enterprise, cooperative or business registration (hereinafter referred to as
“business registration”) as prescribed in the Law on Enterprises and other
relevant regulations;
b)
Organizations and individuals beside those stipulated in Point a of this clause
shall register directly with tax authorities as regulated by the Minister of
Finance.
2. Types
of TINs:
a)
10-digit TINs shall be issued to enterprises and organizations that are legal
persons; representatives of households, household businesses and other
individuals;
b)
13-character TINs shall be issued to dependent units and other entities;
c) The
Minister of Finance shall elaborate this clause.
3.
Issuance of TINs:
a) Each
enterprise, business organization or other organization is issued with 01
unique TIN to use throughout its entire operation, from the date of taxpayer
registration to the date of TIN deactivation. A taxpayer’s branches,
representative offices and/or dependent units that pay their own tax shall be
issued with separate TINs. In case an enterprise, organization, branch, representative
office or dependent unit combines taxpayer registration via the interlinked
single-window system with business registration, the number of the certificate
of enterprise registration, cooperative registration and/or business
registration (hereinafter referred to as “business registration certificate”)
is also the TIN;
b) Each
individual is issued 01 unique TIN to use throughout their whole life. Any
dependant of that individual shall be issued with a TIN for the purpose of
claiming personal exemption for personal income taxpayers. The TIN issued to
the dependant is also his/her personal TIN, which is used when paying his/her
tax;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Issued
TINs shall not be reissued to another taxpayer;
dd) TINs
of enterprises, business organizations and other organizations shall remain
unchanged after they are converted, sold, gifted or inherited;
e) TIN
issued to a household, household business or individual business is issued to
the individual representing the household, household business or individual
business.
4.
Taxpayer registration includes:
a)
First-time taxpayer registration;
b) Notifying
changes to taxpayer registration information;
c)
Notifying suspension of business operation;
d) TIN
deactivation;
dd) TIN
reactivation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. For
taxpayers who combine taxpayer registration with business registration,
taxpayer registration application is the application for business registration
as prescribed by law.
2. If the
taxpayer is an organization registering directly with the tax authority, the
taxpayer registration application shall include:
a) The
taxpayer registration form;
b) Copies
of valid establishment and operation license, establishment decision,
investment registration certificate or equivalent documents granted by
competent authorities;
c) Other
relevant documents.
3. If the
taxpayer is a household, household business or individual business directly registered with
the tax authority, the taxpayer registration application shall include:
a) The
registration form or tax return;
b) Copy
of the identity card or passport;
c) Other
relevant documents.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 32. Receiving authorities
1. For
taxpayers who combine taxpayer registration with business registration, the
taxpayer registration application and the business registration application
shall be submitted to the same authority as prescribed by law.
2.
Taxpayers directly registered with tax authorities shall submit their applications as
follows:
a)
Organizations, household businesses and individual businesses shall submit
their applications to tax authorities of the areas where their headquarters are
located;
b)
Organizations and individuals responsible for withholding and paying tax on
taxpayers’ behalf shall submit their applications to their supervisory tax
authorities;
c)
Non-business households and individuals shall submit their taxpayer registration
applications to tax authorities where taxable income is incurred, where
permanent residence or temporary residence is registered or where amounts
payable to the state budget are incurred.
3.
Individuals authorizing their income payers to apply for taxpayer registration
of themselves and their dependants shall submit their taxpayer registration
applications to the income payers. The income payers shall be responsible for
preparing and submitting such taxpayer registration applications to their supervisory
tax authorities.
Article 33. Time limit for first-time taxpayer registration
1. For
taxpayers who combine taxpayer registration with business registration, the
time limit for taxpayer registration is the time limit for business
registration as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) the
certificate of household business registration, establishment and operation
license, investment registration certificate or establishment decision is
granted;
b) the
taxpayer inaugurates business operation for organizations that are not required
to apply for business registration and household businesses and individual
businesses that are required to apply for business registration but yet to be
granted the business registration certificate;
c) the
responsibility to deduct and pay tax on behalf of individuals arises;
organizations paying tax on behalf of individuals according to business
cooperation contracts and/or agreements;
d) the
contract with the foreign contractor and/or subcontractors who directly declare
and pay tax to tax authorities; the petroleum contract or agreement is
concluded;
dd)
personal income tax is incurred;
e) tax
refund in claimed;
g) other
amounts payable to the state budget are incurred.
3. In
case an individual does not have a TIN, his/her income payer shall apply for
taxpayer registration on his/her behalf in no later than 10 working days
starting from the date tax liabilities are incurred; in case a dependant of a
taxpayer does not have a TIN, the income payer shall apply for taxpayer
registration for the dependant in no later than 10 working days starting from
the date the taxpayer applies for dependant exemption as prescribed by law.
Article 34. Issuance of taxpayer registration certificate
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Name
of the taxpayer;
b) TIN;
c)
Number, date of the business registration certificate or establishment and
operation license or investment registration certificate for business
organizations and individuals; number, date of the establishment decision for
organizations not required to apply for business registration; information of
identity card, citizen identification or passport for individuals not subject
to business registration;
d)
Supervisory tax authority.
2. Tax
authorities shall inform TINs to taxpayers instead of taxpayer registration
certificates in the following cases:
a) An
individual authorizes his/her income payer to apply for taxpayer registration
on behalf of the individual and his/her dependants;
b) An
individual applies for taxpayer registration through the tax declaration
dossier;
c) An
organization or individual applies for taxpayer registration so as to deduct
and pay tax on taxpayers’ behalf;
d) An
individual applies for taxpayer registration for his/her dependant(s).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 35. Use of TINs
1.
Taxpayers must include their TINs in invoices, records and/or materials when
making business transactions; opening deposit accounts at commercial banks
and/or other credit institutions; declaring tax, pay tax, applying for tax
exemption, tax reduction, tax refund and/or tax cancellation; filing customs
declarations and making other tax-related transactions for all amounts payable
to the state budget, including the case where taxpayers’ businesses operate
across different locations.
2.
Taxpayers must provide their TINs to relevant agencies and/or organizations or
include their TINs in their applications when following administrative procedures
of tax authorities via the interlinked single-window system.
3. Tax
authorities, the State Treasury and commercial banks and other organizations
authorized by tax authorities to collect tax shall use TINs of taxpayers for
the purpose of tax administration and tax collection.
4.
Commercial banks and other credit institutions must include TINs in the
taxpayers’ applications for opening accounts and in records of transactions via
accounts.
5. Other
organizations and individuals participating in tax administration shall use
TINs of taxpayers when providing information related to the determination of
tax liabilities.
6. When a
Vietnamese party makes a payment to an organization/individual whose
cross-border business is based on a digital intermediary platform outside of
Vietnamese territories, it must use the TIN assigned to this
organization/individual to deduct and pay tax on behalf of such
organization/individual.
7.
Personal identification numbers shall replace TINs when they are issued to the
whole population.
Article 36. Notification of changes to taxpayer
registration information
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In case
taxpayers' change of address leads to change of supervisory tax authorities,
taxpayers must complete tax procedures with supervisory tax authorities as
prescribed in this Law before registering with business registration
authorities for change of information.
2. When
there is any change to taxpayer registration information, taxpayers directly registered with
tax authorities must notify their supervisory tax authorities within 10 working
days starting from the date of changes to information.
3. In
case individuals authorizing their income payers to register changes to
taxpayer registration information for themselves and their dependants, they
must notify the income payers in no later than 10 working days starting from
the date of changes to information; the income payers shall be responsible for
notifying tax authorities of the changes in no later than 10 working days
starting from the date of authorization from taxpayers.
Article 37. Notification of suspension of
operation/business
1. When
organizations, household and individual businesses subject to business
registration suspend from operation/business within a fixed period of time or
continue to operate/do business before the notified time as prescribed in the
Law on Enterprises and other relevant regulations, tax authorities shall
conduct tax administration based on notifications from taxpayers or state
authorities during the operation/business suspension or during the continuation
of operation/business of the taxpayers as prescribed in this Law.
2.
Organizations, household and individuals businesses not required to apply for
business registration shall notify their supervisory tax authorities in no
later than 01 working day before suspending operation/business or resumption of
operation/business ahead of schedule.
3. The
Government shall stipulate tax administration for taxpayers during
operation/business suspension or resumption of operation/business ahead of
schedule.
Article 38. Taxpayer registration in case of enterprise
reorganization
1. Upon
enterprise reorganization, taxpayers who combine taxpayer registration with
business registration shall apply for taxpayer registration together with business
registration as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 39. TIN deactivation
1.
Taxpayers who combine taxpayer registration with business registration shall have
their TINs deactivated in one of the following cases:
a)
Shutdown or dissolution, bankruptcy;
b)
Revocation of certificate of enterprise registration, cooperative registration
and/or business registration;
c) Full
division, acquisition/merger, consolidation.
2.
Taxpayers directly registered with tax authorities shall have their TINs deactivated when
one of the following cases takes place:
a)
Shutdown, termination of tax liabilities for non-business organizations;
b)
Revocation of business registration certificate or equivalent license;
c) Full
division, acquisition/merger, consolidation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) An
individual is dead, missing or incapacitated
as prescribed by law;
e) A foreign
contractor completes or terminates the contract;
g)
Contractors, investors entering into petroleum agreements complete or terminate
the agreements or transfer of all rights to enter petroleum agreements.
3. Rules
for deactivation of TINs:
a) TINs
shall not be used in business transactions starting from the date on which tax
authorities announce their deactivation;
b) TINs
of organizations shall not be reused once they are deactivated, except for the
cases prescribed in Article 40 of this Law;
c) When the
TIN of a household or individual business is deactivated, the TIN of the
representative of such household business will not be deactivated and shall be
used to fulfill other tax liabilities of that individual;
d) The
income earners’ TINs will be deactivated when their income payer’s TIN is
deactivated.
dd) When
a managing unit’s TIN is deactivated, TINs of their dependent units must also
be deactivated.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
written request for TIN deactivation;
b) Other
relevant documents.
5.
Taxpayers who combine taxpayer registration with business registration shall
register for dissolution or shutdown at business registration authorities as
prescribed by law. Before such registration at business registration
authorities, taxpayers shall fulfill their tax liabilities to their supervisory
tax authorities in accordance with this Law and other relevant provisions.
6.
Taxpayers directly registered with tax authorities shall submit the application
for TIN deactivation to their supervisory tax authorities within 10 working
days starting from the date of issuance of the decision on operation/business
shutdown or contract termination.
Article 40. TIN reactivation
1. TINs
of taxpayers who combine taxpayer registration with business registration shall
be reactivated together with as their legal status is reactivated.
2. For
taxpayers directly registered with tax authorities, the application for TIN
reactivation shall be submitted to their supervisory tax authorities in the
following cases:
c) The
competent authority revokes the decision on revocation of business registration
certificate or equivalent license;
b) The
taxpayer wishes to resume their business operations after the TIN deactivation
application has been sent to the tax
authority, but the tax authority has yet to
issue a notification on TIN deactivation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The
use of a TIN may be resumed from the effective date of the decision to restore
legal status issued by the business registration authority or the date the tax
authority reactivates the TIN.
4. An
application for TIN reactivation shall include:
a) The
written request for TIN reactivation;
b) Other
relevant documents.
Article 41. Responsibilities of the Minister of Finance and
tax authorities in taxpayer registration
1. The
Minister of Finance shall specify the documents, procedures and forms of
taxpayer registration prescribed in article 31, 34, 36, 37, 38, 39 and 40 of
this Law.
2. Tax
authorities shall receive taxpayer registration applications from taxpayers:
a) in
person at tax authorities;
b) by
post; or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Tax
authorities shall process taxpayer registration applications as follows:
a) In
case the application is complete, announce the acceptance, and process the
application within 03 working days starting from the date of receipt;
b) In
case the application is incomplete, notify the taxpayer within 02 working days
starting from the date of receipt.
4. In
case an application for taxpayer registration is submitted together with the
application for business registration on the National business registration
portal, the receiving authority shall send it to tax authorities for processing
and inform the result to the taxpayer as prescribed in this Law and other
relevant regulations.
Chapter IV
TAX DECLARATION AND TAX CALCULATION
Article 42. Rules for tax declaration and tax calculation
1.
Taxpayers shall fully and accurately provide information on the tax return
provided by the Minister of Finance and submit adequate documents to the tax
authority.
2.
Taxpayers shall calculate the tax payable themselves, except for the cases in
which tax has to be calculated by the tax authority as specified by the
Government.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4.
Regarding electronic commerce, digital business and other services provided by
overseas providers without permanent establishments in Vietnam, the overseas
providers shall directly or authorize representatives to apply for taxpayer
registration, declare and pay tax in Vietnam in accordance with regulations of
the Minister of Finance.
5. Rules
for declaring and calculating taxable prices in related-party transactions:
a) Values
of related-party transactions shall be determined and declared by analyzing and
comparing with independent transactions, the nature of operation and nature of
the transaction, in order to determine tax liability in the same manner as that
of transactions between independent parties;
b) Values
of related-party transactions shall be adjusted according to independent
transactions to declare tax in order that in taxable income is not decreased;
c)
Taxpayers whose businesses are small in scale and pose low tax risk are exempt
from compliance to provisions of Point a and Point b of this Clause and may
apply simplified related-party transaction declaration procedures.
6. Rules
for declaring tax with predetermined taxable price calculation method:
a)
Predetermined taxable price calculation methods shall be applied on the basis
of request of the taxpayers, consensus between the tax authorities and the
taxpayer under unilateral, bilateral and multilateral agreements between tax
authorities, taxpayers and tax authorities of relevant countries or
territories;
b)
Predetermined taxable price calculation methods shall be applied according to
information provided by the taxpayers and legally verified commercial database;
c)
Application of predetermined taxable price calculation methods is subject to
approval by the Minister of Finance. Regulations of law on international
treaties and international agreements shall apply to bilateral and multilateral
agreements participated in by foreign tax authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The tax
declaration dossier of taxes that are declared and paid monthly is the monthly
tax return.
2. The
tax declaration dossier of taxes that are declared and paid quarterly is the
quarterly tax return.
3. The
tax declaration dossier of taxes that are declared and paid annually is:
a) The annual tax
declaration dossier, which consists of the annual tax return and other documents
relevant to the tax payable; or
b) The
terminal tax declaration dossier,
which consists of the annual tax statement,
the annual financial statement, the declaration of related-party transactions
and other documents relevant to tax statement.
4. The
tax declaration dossier of taxes that are declared and paid every time they are
incurred consists of:
a) The
tax return;
b)
Invoices, contracts and other documents relevant to the tax liability as
prescribed by law.
5.
Customs dossiers of exports and imports specified by the Law on Customs shall
be used as tax declaration dossiers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
terminal tax return;
b) The
financial statement up to the time of shutdown, contract termination, business
conversion or business re-arrangement;
c) Other
documents relevant to tax statement.
7.
Multinational profit report if the taxpayer is the supreme parent company of a
corporation in Vietnam and has transboundary related-party transactions and a
global profit exceeding the limit, or the taxpayer has a supreme parent company
in a foreign country in which it has the legal responsibility to submit the
multinational profit report.
8. The
government shall provide detailed guidance on tax declaration dossiers
mentioned in this Article, taxes declared monthly, quarterly, annually and upon
incurrence, terminal tax declaration; declaration of fees and charges
collectable by overseas representative agencies of Socialist Republic of
Vietnam; declaration, provision, exchange and use of information about
multinational profit reports; identification of taxpayers eligible for
quarterly declaration.
Article 44. Deadlines for submission of tax declaration
dossiers
1.
Deadlines for submission of tax declaration dossiers of taxes declared monthly
and quarterly:
a) For
taxes declared monthly: the 20th of the month succeeding the month
in which tax is incurred;
b) For
taxes declared quarterly: the last day of the first month of the succeeding
quarter.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) For
annual tax statement dossiers: the last day of the 3rd month from the
end of the calendar year or fiscal year. For annual tax declaration dossiers: the last day of the
first month from the end of the calendar year or fiscal year
b) For
annual personal income tax statements prepared by income earners: the last day
of the 4th month from the end of the calendar year;
c) For presumptive
tax declarations prepared by household businesses and individual businesses:
the 15th of December of the preceding year. For new household
businesses and individual businesses: within 10 days from the date of
commencement of the business.
3. For
declaration of taxes that are declared and paid upon incurrence: the 10th
day from the day on which tax is incurred.
4. For
tax declaration dossiers upon shutdown, contract termination, business conversion
or business re-arrangement: the 45th day from the occurrence of the event.
5. The
Government shall specify the deadlines for submission of statements of farming
land levies, non-farming land levies; land levies; land rents, water surface
rents; mineral extraction licensing fee; water resource extraction licensing
fee; registration fee; licensing fees; other amounts payable to state budget in
accordance with regulations of law on management and use of public property;
multinational profit reports.
6. Deadlines
for submission of customs dossiers of exports and imports are specified by the
Law on Customs.
7. In
case a taxpayer declares tax electronically on the last day of the time limit
for declaration and the information portal of the tax authority is not
functional, the taxpayer may submits the electronic declaration on the next day
after the online portal is functional again.
Article 45. Receiving authorities
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Receiving
authorities of tax declaration dossiers submitted through the single-window
system shall be specified by the regulations of the single-window system.
3.
Receiving authorities of customs dossiers of exports and imports are specified
by the Law on Customs.
4. The
Government shall specify receiving authorities of tax declaration dossiers
submitted by:
a) A
taxpayer who has more than one business activities;
b) A
taxpayer who is running business in more than one administrative division; tax
declared upon incurrence
c)
Taxpayers who incur tax on revenue from land; grant of the right to water
resource extraction or mineral extraction;
d)
Taxpayers who have to complete their own personal income tax returns;
dd)
Taxpayers who declare tax electronically, and other cases.
Article 46. Deadline extension
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The
deadline shall be extended for up to 30 more days for monthly, quarterly,
annual declarations and declaration upon tax incurrence; 60 more days for
terminal tax declaration.
3. The
taxpayer shall send a written request for deadline extension to the tax
authority before the deadline, provide explanation and confirmation by the
People’s Committee or police authority of the commune in which the event
mentioned in Clause 1 of this Article occurred.
4. Within
03 working days from the day on which the taxpayer’s request is received, the
tax authority shall inform the taxpayer in writing of whether such request is
granted.
Article 47. Tax dossier supplementation
1. In
case the tax declaration dossier submitted to the tax authority is erroneous or
inadequate, supplementary documents may be provided within 10 years from the
deadline for submission of the erroneous or inadequate tax declaration dossier
but before the tax authority or a competent authority announces a decision on
tax document examination.
2. When
the tax authority or a competent authority has announced the decision on tax
inspection or tax audit on the taxpayer’s premises, the taxpayer is still
allowed to provide supplementary documents; the tax authority shall impose
administrative penalties for the violations specified in Article 142 and 143 of
this Law.
3. After
the tax authority or competent authority issues a conclusion or tax decision
when the inspection is done:
a) The
taxpayer may provide supplementary tax documents if they increase the tax
payable or reduce the deductible tax, exempted tax or refundable tax, and shall
face administrative penalties for the violations specified in Article 142 and
Article 143 of this Law;
b) If the
supplementation leads to a decrease in the tax payable or an increase in the
deductible tax, exempted tax or refundable tax, the taxpayer shall follow
procedures for filing tax-related complaints.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
supplementary tax return;
b) The
explanation for the supplementation and relevant documents.
5.
Supplementary tax documents on exports and imports shall be provided in
accordance with customs laws.
Article 48. Responsibilities of tax authorities for
receiving tax declaration dossiers
1. Tax
authorities shall receive tax declaration dossiers submitted by taxpayers:
a) in
person at the tax authorities;
b) by
post;
c)
electronically through online portals or tax authorities.
2.
Receiving authorities shall send notices of receipt of tax declaration
dossiers; inform the taxpayer within 03 working days from the date of receipt
if the tax declaration dossier submitted is not legitimate, not adequate or not
valid.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
TAX IMPOSITION
Article 49. Tax liability imposition rules
1. Tax
shall be imposed on the basis of tax administration rules, tax calculation
methods and bases specified by tax laws and customs laws.
2. Tax
authorities shall impose tax payable, separate elements or tax calculation
bases.
Article 50. Tax liability imposition in case of tax
offences
1. Tax
liability will be imposed if the taxpayer:
a) fails
to apply for taxpayer registration; fails to declare tax; fails to provide
supplementary tax documents at the request of the tax authority; fails to
declare fully and/or accurately the tax calculation bases;
b) fails
to record or fully and/or accurately record data on the accounting books;
c) fails
to present the accounting books, invoices and necessary documents relevant to
the determination of tax payable within a certain time limit;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) buys,
sells, trades goods and record values thereof against their market prices;
e) buys
or trades goods using illegal invoices; illegally uses invoices for real goods
from which revenue has been declared for tax calculation as investigated by a
competent authority;
g) is
suspected of absconding or selling assets to evade tax;
h) makes
false transactions to reduce tax liability; or
i) fails
to fulfill the responsibility to declare and valuate related-party
transactions; fails to provide information about enterprises having
related-party transactions according to tax administration laws.
2. Bases
for tax liability imposition:
a) The
database of the tax authorities and commercial database;
b)
Comparison between the tax payable by providers of the same goods or services
on the same scale in the same area (or in another area if such similar
providers are not available in the same area).
c)
Unexpired inspection results and documents;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3.
Separate elements relevant to determination of tax payable shall be imposed in
the following cases:
a)
Through inspection of the tax declaration dossier, the tax authority has
reasonable grounds to believe that the taxpayer did not fully or accurately
declare the elements serving as the basis for tax calculation and fails to provide
supplementary documents as requested by the tax authority;
b)
Through inspection of the accounting books and invoices relevant to tax
calculation, the tax authority is able to prove that the taxpayer failed to
accurately or truthfully record the tax calculation elements;
c)
Selling prices of goods/services were in accurately recorded in order to reduce
the taxable revenue; buying prices of raw materials, goods and services were
inaccurately recorded in order to increase expense or deductible VAT and thus
reduce the amount of tax payable;
d) The
taxpayer failed to determine the elements or fails to calculate the tax payable
after the elements are determined. separate elements or tax calculation bases.
4. In
cases other than those specified in Clause 3 of this Article, a taxpayer shall
have proportional tax imposed on their revenue if the tax authority finds that
their accounting books, invoices and documents are inadequate or illegal, or
tax is not accurately declared and their maximum revenue is equal to the
maximum revenue of a microenterprise defined by regulations of law on
assistance for small and medium enterprises.
5. The
Government shall elaborate this Article.
Article 51. Flat tax payable by household businesses and
individual businesses
1. Tax
authorities shall determine the flat tax payable by household businesses and
individual businesses who fail to comply with or fully comply with regulations
on accounting, invoices and documents, except for the cases in Clause 5 of this
Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Flat
tax shall be imposed by calendar year (or by month for seasonal business). Flat
tax shall be published in the commune. The taxpayers shall inform the tax
authority when changing their business lines or scale, suspend or shut down the
business in order to adjust the flat tax.
4. The
Minister of Finance shall specify the bases and procedures for determination of
flat tax payable by household businesses and individual businesses.
5. Household
businesses and individual businesses whose revenues and employees reach the
upper limit for extra-small enterprises prescribed by regulations of law on
small and medium enterprises shall do accounting and declare tax.
Article 52. Imposition of tax on exports and
imports
1.
Customs authorities shall impose tax liability on exports and imports in the
following cases:
a) The
declarant declares tax according to illegal documents; fails to declare or
accurately and fully declare information serving tax calculation;
b) The
declarant fails to provide, refuses to provide or delays providing accounting
books, documents and data relevant to tax calculation;
c) The
declarant fails to prove, explain or fails to explain in the tax calculation as prescribed by
law; fails to comply with the customs authority’s inspection decision;
d) The
declarant fails to record or fully and accurately record data on the accounting
books to calculate tax;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The
transaction is falsely carried out in a manner that affects the amount of tax
payable;
g) The
declarant fails to calculate the amount of tax payable themselves;
h) Other
cases of unconformable tax declaration discovered by customs authorities.
2. The customs
authority shall impose tax according to the exports or imports in reality; the
tax calculation bases and methods; the tax administration database and commerce
database; customs declarations; other documents and information relevant to the
exports and imports.
3. The
Government shall elaborate this Article.
Article 53. Responsibilities of tax authorities for tax
liability imposition
1. The
tax authority shall inform the taxpayer of the reasons and basis for tax
liability imposition, the amount of tax imposed and the deadline for paying
tax.
2. In
case tax liability is imposed after a tax audit or tax inspection, the reasons
and basis for tax liability imposition, the amount of tax imposed and the
deadline for paying tax shall be written in the audit or inspection record or
and tax decision.
3. If the
tax imposed by the tax authority is greater than the tax payable under a
dispute settlement decision issued by a competent authority or a court decision
or court judgment, the tax authority shall refund the difference.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 54. Responsibilities of tax authorities for paying
tax imposed
Taxpayers
shall pay the tax imposed by tax authorities under tax decisions, even if they
do not concur with it, in which case they may request explanation from the tax
authority or file a complaint or lawsuit against the tax liability imposition
decision. Taxpayers shall provide documents to support their complaints or
lawsuits.
Chapter VI
TAX PAYMENT
Article 55. Tax payment deadlines
1. In
case tax is calculated by the taxpayer, the tax payment deadline is the
deadline for submission of the tax declaration dossier. In case of submission
of supplementary tax documents, the tax payment deadline is the deadline for
submission of the erroneous tax declaration dossier.
The
deadline for paying corporate income tax, which is paid quarterly, is the 30th
of the first month of the next quarter.
The
deadline for paying resource royalty and corporate income tax on crude oil is
35 days from the date of selling domestically or the date of customs clearance
in case of export.
Resource
royalty and corporate income tax on natural gas shall be paid monthly.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The
deadlines for paying other amounts payable to state budget from land, grant of
the right to water resource extraction or mineral extraction, registration fees
and licensing fees shall be specified by the Government.
4. For
taxable exports and imports, deadlines for tax payment are specified in the Law
on Export and import duties. In case tax is incurred after customs clearance or
conditional customs clearance:
a) The
deadline for submission of supplementary documents and fulfillment of the
imposed tax liability is the same as that on the initial customs declaration;
b) The
Minister of Finance shall specify deadlines for paying tax on goods that need
to under analysis to determine tax payable, goods without official prices when
the customs declaration is registered; goods for which the payment; goods for
which payments and added amounts to the customs value are unknown when the
customs declaration is registered.
Article 56. Receiving authorities
1.
Taxpayers shall pay tax:
a) at
State Treasuries;
b) At the
tax authorities that receive the tax declaration dossiers;
c) via a
organization authorized by the tax authority to collect tax; or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. State
Treasuries, commercial banks, credit institutions and service providers shall
prepare their premises, equipment and personnel to collect tax.
3. Every
organization that collects or deduct tax shall provide tax payment documents to
taxpayers.
4. Within
08 working hours from the tax collection, the collecting organization shall
transfer the collected tax to state budget. The Minister of Finance shall
specify the time limit for transfer of tax collected in cash in remote and
isolated areas, islands, areas where travel is difficult or collection time is
limited.
Article 57. Order for payment of tax, late payment interest
and fines
1. Tax,
late payment interest and fines shall be paid in chronological order and in the
order specified in Clause 2 of this Article.
2. Order
for payment of tax, late payment interest and fines:
a)
Overdue tax, fines and late payment interest subject to enforcement;
b)
Overdue tax, fines and late payment interest that are yet to subject to
enforcement;
c)
Recently incurred tax, late payment interest and fines.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. In
case of non-cash payment of tax, the tax payment date is the date on which the
State Treasury, commercial bank, credit institution or service provider
extracts the tax from the taxpayer’s account or the authorized person’s account
and written on the tax payment document.
2. In
case of payment of tax in cash, the tax payment date is the date on which the
State Treasury, tax authority or authorized collecting organization issues the
tax payment document.
Article 59. Handling of late tax payment
1. Late
payment interest shall be charged in the following cases:
a) The
taxpayer pays tax behind deadline, the extended deadline, the deadline written
in the tax authority’s notice, tax liability imposition decision or handling
decision;
b) If the
supplementation of the tax declaration dossier leads to an increase in the
amount of tax payable, or the tax authority or inspecting authority finds that
tax is understated, late payment interest shall be charged on the increase in
tax over the period from the day succeeding the initial deadline or the
deadline for tax payment of the initial customs declaration;
c) If the
supplementation of the tax declaration dossier leads to a decrease in the
amount of refundable tax, or the tax authority or inspecting authority finds
that refundable tax is smaller than the refunded tax, late payment interest
shall be charged on the excessively refunded tax, which has to be paid back to
state budget, over the period from the day on which tax is refunded;
d) The
cases in which outstanding debt may be paid by installments as prescribed in
Clause 5 Article 124 of this Law;
dd) The
cases in which administrative penalties are not imposed due to expiration of
the time limit for penalty imposition but outstanding tax has to be collected
as prescribed in Clause 3 Article 137 of this Law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) The
organization that is authorized by the tax authority to collect tax but fails
to transfer the tax, late payment interest and fines paid by taxpayers to state
budget in a timely manner shall pay an interest on such amount.
2.
Calculation of late payment interest:
a) The rate
of late payment interest is 0,03% per day on the overdue amount;
b) The
period over which late payment interest is charged is a continuous period from
the day succeeding the day on which late payment interest is charged as
specified in Clause 1 of this Article to the day preceding the date of payment
of the outstanding tax, refunded tax, increase in tax, imposed tax.
3.
Taxpayers shall calculate the late payment interest themselves in accordance
with Clause 1 and Clause 2 of this Article and pay it to state budget as
prescribed. Overpaid tax, late payment interest and fines shall be handled in
accordance with Clause 1 Article 60 of this Law.
4. In
case the taxpayer fails to pay tax, late payment interest and fines within 30
days from the deadline for making such payment, the tax authority shall inform
the taxpayer of the amount payable and the number of days behind schedule.
5. Late
payment interest shall not be charged in the following cases:
a) The
taxpayer provides goods/services which are covered by state budget, including
sub-contractors in the contract with the investor, and are directly paid for by
the investor. If such goods/services are not yet to be paid for, late payment
interest will not be charged.
The
outstanding tax exempt from late payment interest is the tax on the amount that
is yet to be paid by state budget;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Late
payment interest shall not be charged in case of chargeoff specified in Article
83 of this Law.
7. If the
supplementation of the tax declaration dossier leads to a decrease the tax
payable or the tax authority discovers a decrease in the tax payable, the late
payment interest may be adjusted accordingly.
8.
Taxpayers may be exempt from paying the late payment interest specified in
Clause 1 of this Article in the force majeure events specified in Clause 27
Article 3 of this Law.
9. The
Minister of Finance shall provide for handling of late tax payment.
Article 60. handling of overpaid tax, late payment interest
and fines
1. If the
tax, late payment interest or fine paid by a taxpayer is greater than the
amount payable, the overpaid amount may be offset against the outstanding tax,
late payment interest or fine, or against the tax, late payment interest or
fine payable next time, or may be refunded if the taxpayer no longer has
outstanding tax, late payment interest or fine.
In case
the taxpayer wishes to have the overpaid amount be offset against the
outstanding tax, late payment interest or fine, late payment interest shall not
be charged over the period from the date on which the overpaid amount is paid
to the day on which these amounts are offset by the tax authority.
2. In
case the taxpayer claims a refund, the tax authority shall issue a refund
decision or, if the claim is rejected, provide explanation within 05 working
days from the receipt of the.
3. The
overpaid tax, late payment interest or fine shall not be refunded in the
following cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
taxpayer no longer operates at the registered address, the overpaid amount has
been announced through mass media and the taxpayer does not claim the refund
within 01 years from the date of announcement.
c) The
overpaid amount has been paid for more than 10 years and the taxpayer does not
request an offsetting or refund.
4. In
case the taxpayer no longer runs business at the address which has both
overpaid and outstanding tax, late payment interest or fine, the tax authority
shall offset the overpaid amount against the outstanding amount.
5. The
Minister of Finance shall provide for the power and procedures for handling of
overpaid tax, late payment interest and fines mentioned in this Article.
Article 61. Paying tax during settlement of complaints and
lawsuits
1. The
time limit for settling complaints and lawsuits filed by taxpayers shall be
decided by tax authorities. The taxpayers still have to pay the tax, late
payment interest and fines unless a competent authority issues a decision to
suspend the tax decision or tax liability imposition decision issued by the tax
authority.
2. If the
paid tax, late payment interest or fine is greater than that determined by the
court decision, judgment or the complaint settlement decision issued by a
competent authority, the overpaid amount will be refunded.
The
taxpayer is entitled to request the tax authority to pay an interest at 0,03%
per day on the overpaid amount. The interest shall be paid by central government
budget in accordance with regulations of law on state budget.
3.
Procedures for handling overpaid tax, late payment interest or fine mentioned
in Clause 2 of this Article are specified in Clause 5 Article 60 of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A taxpayer
may apply for tax deferral in one of the following cases:
a) The
taxpayer’s business suffers damage due to a force majeure events specified in
Clause 27 Article 3 of this Law;
b) The
taxpayer has to relocate the business location as requested by a competent
authority and such relocation affects the business performance.
2. A
taxpayer eligible for tax deferral mentioned in Clause 1 of this Article may
have part or all of the tax deferred.
3. Tax
may be deferred:
a) For up
to 02 years in the cases specified in Point a Clause 1 of this Article;
b) For up
to 01 year in the cases specified in Point b Clause 1 of this Article.
4. The
taxpayer will not incur fines and late payment interest on the outstanding tax
during the deferral period.
5. In
consideration of the application for tax deferral, the head of the tax
authority shall decide the amount of tax deferred and the deferral period.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The
Government shall decide tax deferral for entities or business lines facing special
difficulties in specific periods of time. Tax deferral must not lead to changes
to the estimated state budget revenues decided by the National Assembly.
Article 64. Application for tax deferral
1. A
taxpayer eligible for tax deferral as prescribed in this Law shall prepare and
send an application for tax deferral to the supervisory tax authority.
2. An
application for tax deferral consists of:
a) An
application form specifying the reasons for deferral, the amount of tax and the
deferral period;
b)
Documents supporting the reasons for deferral.
3. The
Minister of Finance shall specify the composition of the application for tax
deferral.
Article 65. Receipt and processing of application for tax
deferral
1. Tax
authorities shall receive applications for tax deferral:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) by
post;
c)
electronically through online portals or tax authorities.
2. The
tax authority shall process an application for tax deferral as follows:
a) If the
application is valid, send a notice of eligibility for tax deferral to the
taxpayer within 10 working days from the receipt of the application;
b) If the
application is invalid, send a notice to the taxpayer within 03 working days
from the receipt of the application.
Chapter VII
RESPONSIBILITY FOR FULFILLMENT OF TAX
LIABILITY
Article 66. Fulfillment of tax liability upon taxpayer’s
exit
1. Taxpayers
against whom tax decisions are enforced, Vietnamese citizens exiting Vietnam to
reside overseas, Vietnamese people residing overseas, foreigners exiting
Vietnam shall fulfill their tax liability before the exit. Otherwise, they
shall be suspended from exit in accordance with immigration laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The
Government shall elaborate this Article.
Article 67. Fulfillment of tax liability upon dissolution,
bankruptcy and shutdown
1. Tax
liability shall be fulfilled upon enterprise dissolution in accordance with
regulations of law on enterprises, credit institutions, insurance business and
relevant laws.
2. Tax
liability shall be fulfilled upon bankruptcy in accordance with bankruptcy
laws.
3. When a
enterprise shuts down or leaves the registered location before it fulfills its
tax liability, the outstanding tax shall be paid by the owner of the sole
proprietorship, single-member limited liability company, shareholders, partners
or general partners (depending on the type of business entity).
4. When a
household business or individual businesses ceases business operation before
its tax liability is fulfilled, the outstanding tax shall be paid by its owner.
5. In the
cases where a branch or dependent unit of a taxpayer shuts down without fully
paying its tax and other amounts payable to state budget, the taxpayer shall
incur such debts.
Article 68. Fulfillment of tax liability upon enterprise
rearrangement
1. A
fully divided enterprise shall fulfill its tax liability before the division.
Otherwise, it shall be fulfilled by the new enterprises established from the
division.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. An
enterprise that is converted into another type of business entity shall fulfill
its tax liability before the conversion. Otherwise, it shall be fulfilled by
the enterprise after conversion.
4. The
rearrangement does not change the time for tax payment by the rearranged
enterprise. $the rearranged enterprise or the new enterprise(s) that fails to
fully pay tax by the deadline will face penalties as prescribed by law.
Article 69. Fulfillment of tax liability upon a taxpayer’s
death or court declaration that a taxpayer is dead, missing or incapacitated
1. In the
cases where a taxpayer is dead or declared death by the court, his/her
inheritor shall fulfill his/her tax liability within the inheritance to which
the inheritor is entitled. In case there is no inheritor or all of the
inheritors reject the inheritance, tax liability of the dead person or the
person whose death is declared by the court shall be fulfilled in accordance
with civil law.
2. Tax
liability of a person who is declared missing or incapacitated by the court
shall be fulfilled by his/her property manager within the property.
3. In
case the court issues a decision to revoke the declaration that a person is
dead, missing or incapacitated, the cancelled debt of tax, late payment
interest and fine mentioned in Article 85 of this Law shall be restored.
However, late payment interest will not be charged over the effective period of
the aforesaid declaration.
Chapter VIII
TAX REFUND PROCEDURES
Article 70. Cases of tax refund
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Tax
authorities shall refund overpaid amounts in accordance with Clause 1 Article
60 of this Law.
Article 71. Tax refund application
1.
Taxpayers who have refundable tax may submit tax refund claims to competent tax
authorities.
2. A tax
refund claim consists of:
a) The
claim form;
b)
Documents relevant to the refund claim
Article 72. Receipt and processing of tax refund claims
1. Tax
authorities shall process tax refund claims as follows:
a)
Supervisory tax authorities of taxpayers shall receive tax refund claims in
accordance with tax laws. Collecting tax authorities shall receive claims for
refund of overpaid amounts. In case of refund of overpaid amounts under an annual/terminal
statement of corporate income tax or personal income tax, the tax authority
that received the statement shall provide the refund.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Tax
refund claims may be submitted:
a) in
person at tax authorities;
b) by
post;
c)
electronically through online portals or tax authorities.
3. Within
03 working days from the day on which the claim is received, the tax authority
shall inform the taxpayer in writing of whether the claim is granted or
rejected.
4. The
Minister of Finance shall elaborate this Article.
Article 73. Classification of tax refund claims
1. A tax
refund claim might be eligible for refund before inspection or subject to
inspection before refund.
2. The
following tax refund claims are subject to inspection before refund:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Any
claim submitted within 02 years from the day on which the penalties on the
taxpayer’s tax evasion is imposed;
c) Claims
submitted by organizations that are dissolved, bankrupt, shut down, sold or
transferred to state-owned enterprises;
d)
High-risk claims as classified by the risk management system;
dd) Any
tax refund claim eligible for refund before inspection but the taxpayer fails
to provide explanation or documents proving the declared tax, or the
explanation or documents provided by the taxpayer is not convincing enough;
e) Claims
for refund of taxes on exports or imports that are not paid for via a
commercial bank or credit institution as prescribed by law;
g) Claims
for refund of tax on exports or imports subject to inspection before refund
prescribed by the Government.
3. Claims
other than those in the cases specified in Clause 2 of this Article shall be
eligible for refund before inspection
4. The
Minister of Finance shall elaborate this Article.
Article 74. Inspection place
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Claims
subject to inspection before refund shall be inspected at the premises of the
taxpayers or relevant entities.
Article 75. Time limits for processing tax refund claims
1. In
case a claim is eligible for refund before inspection, within 06 working days
from the day on which the tax authority issues the notice of receipt of the
claim, the tax authority shall decide whether to provide the refund, demand
inspection before refund in the cases mentioned in Clause 2 Article 73 of this
Law, or reject the claim if it is unqualified.
In case
information on the tax refund claim is different from that of the tax
authority, the tax authority shall request the taxpayer in writing to provide
explanation and additional information. The time needed for providing
explanation and additional information shall not be included in the time limit
for processing tax refund claims.
2. In
case a claim is subject to inspection before refund, within 40 working days
from the day on which the tax authority issues the notice of receipt of the
claim, the tax authority shall decide whether to provide the refund or reject
the claim.
3. If the
tax authority fails to issue the tax refund decision by the deadline specified
in Clause 1 and Clause 2 of this Article, the tax authority shall pay an
interest at 0,03% per day on the refundable and the number of days late. The
interest shall be paid by central government budget in accordance with
regulations of law on state budget.
Article 76. Power to decide tax refund
1. The
Director of the General Department of Taxation, Directors of Provincial
Departments of Taxation shall decide tax refund in eligible cases as prescribed
by tax laws.
2. The
heads of tax authorities receiving claims for refund of overpaid tax shall
decide refund of overpaid tax in accordance with this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The
Minister of Finance shall provide for tax refund procedures.
Article 77. Post-refund inspection
1. Tax
authorities shall inspect claims eligible for refund before inspection
according to tax-related risk management within 05 years from the issuance of
the tax refund decisions.
2.
Procedures, power and responsibility of tax authorities for inspection of tax
refund claims are specified in this Law and the Law on Inspection.
Chapter IX
TAX CANCELLATION, TAX REMISSION;
CHARGEOFF; CANCELLATION OF OUTSTANDING TAX, LATE PAYMENT INTEREST AND FINES
Section 1. TAX CANCELLATION, TAX REMISSION
Article 78. Cancellation of tax on exports and imports
1.
Cancellation of export and import duties shall be carried out in accordance
with regulations of law on export and import duties.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 79. Tax remission
1. Tax
remission shall comply with tax laws and Clause 2 of this Article.
2. Cases
of tax exemption:
a)
Households and individuals whose annual non-farming land levy is VND 50.000 or
smaller;
b) Individuals
whose annual personal income tax payable on salary or wage is VND 50.000 or
smaller;
Article 80. Application for tax remission
1. In
case the exempted or reduced tax eligible for remission is calculated by the
taxpayer, the application for tax remission consists of:
a) The
tax return;
b)
Documents supporting the calculation of the exempted or reduced tax.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A
written request for tax exemption or tax reduction which specifies the tax, the
reason for exemption or reduction, and the amount of tax exempted or reduced;
b)
Documents supporting the calculation of the exempted or reduced tax.
3. The
tax authority shall compile the list of households and individuals eligible for
tax exemption in the cases specified in Point a Clause 2 Article 79 of this Law
according to the tax books. The taxpayer shall calculate the amount of tax
exempted in the cases specified in pt b Clause 2 Article 79 of this Law
according to the annual personal income tax statement.
4. The
Ministry of Finance shall specify the composition of the application for tax
remission mentioned in this Article, the cases in which the tax exempted or
reduced is determined by taxpayers and by tax authorities.
Article 81. Submission and receipt of tax remission
applications
1. In
case the tax exempted or reduced is determined by the taxpayer, the tax
remission application shall be submitted together with the tax declaration
dossier mentioned in Chapter IV of this Law.
2. In
case the tax remission is decided by a tax authority, the tax remission
application shall be submitted as follows:
a) For
export duties, import duties and other taxes relevant to exports and imports,
the application shall be submitted to the customs authority in charge in
accordance with regulations of the Government;
b)
Applications for remission of other taxes shall be submitted to supervisory tax
authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) in
person at tax authorities;
b) by
post;
c)
electronically through online portals or tax authorities.
4.
Receiving authorities shall send notices of receipt of tax remission
applications; inform the taxpayer within 03 working days from the date of
receipt if the application submitted is not legitimate, not adequate or not
valid.
Article 82. Time limits for processing tax remission
applications in case the tax remission is decided by tax authorities
1. Within
30 working days from the day on which the valid application is received, the
tax authority issue a tax exemption or reduction decision or inform the
taxpayer in writing if the application is rejected.
2. In
case an inspection visit is necessary to decide tax remission, the tax
authority shall decide whether to grant tax remission and inform the taxpayer
within 40 days from the receipt of the valid application.
Section 2. TAX CHARGEOFF
Article 83. Cases of tax chargeoff
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The
chargeoff date is the issuance date of the death certificate or an equivalent
document as prescribed by civil registration laws, or the court’s declaration
that the taxpayer is dead, missing or incapacitated.
2. The
taxpayer submits a dissolution decision to the tax authority or business
registration authority, the business registration authority has posted a notice
on the national business registration portal but the taxpayer has not completed
the dissolution procedures.
The
chargeoff date is the day on which the business registration authority posts
the aforementioned notice on the national business registration portal.
3. The
taxpayer has filed for bankruptcy or requested to file for bankruptcy in
accordance with bankruptcy laws.
The
chargeoff date is the day on which the court issues the notice of receipt of
the bankruptcy filing or the day on which the taxpayer files for the bankruptcy
to the tax authority in accordance with the Law on Bankruptcy.
4. The
taxpayer no longer does business at the registered address, the tax authority
and the People’s Committee of the commune has confirmed that the taxpayer is no
longer present in the area and made a nationwide announcement that the taxpayer
or the taxpayer’s legal representative is not present at the registered address.
The
chargeoff date is the day on which the aforesaid announcement is made.
5. The
taxpayer’s certificate of business registration, certificate of enterprise
registration, certificate of cooperative registration, license for
establishment and operation or practice certificates has been revoked by a
competent authority, whether such revocation is requested by the tax authority
or not.
The
chargeoff date is the date on which the certificate of business registration,
certificate of enterprise registration, certificate of cooperative
registration, license for establishment and operation or practice certificates
is revoked by a competent authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The
Government shall provide for chargeoff procedures, documents, time.
2. Heads
of supervisory tax authorities of taxpayers shall decide the chargeoff cases.
3. Tax
authorities shall keep monitoring the charged-off tax debts and cooperate with
relevant authorities in collecting the debts whenever the taxpayers are
capable, or cancel the debts in accordance with Article 85 of this Law.
Section 3. CANCELLATION OF TAX, LATE PAYMENT INTEREST AND
FINES
Article 85. Cases of cancellation of outstanding tax, late
payment interest and fines
1. An
enterprise or cooperative is declared bankrupt and, after making the payments
in accordance with bankruptcy laws, has no other assets to pay tax, late
payment interest or fines.
2. An
individual is dead or declared dead or incapacitated by the court and does not
have any assets, including inheritance, to pay the outstanding tax, late
payment interest or fines.
3. The
tax authority fails to collect the taxpayer’s outstanding tax, late payment
interest in cases other than those specified in Clause 1 and Clause 2 of this
Article within 10 years despite the implementation of enforcement measures
specified in Point g Clause 1 Article 125 of this Law.
An
taxpayer that is an individual, individual businesses, householder, household
business owner, sole proprietor or owner of a single-member limited liability
company has had the outstanding tax, late payment interest and fines cancelled
before resuming the business operation or establishing a new business shall pay
such debts must be paid to the State.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The
Government shall provide for cooperation between tax authorities, business
registration authorities and local authorities in making sure cancelled tax,
late payment interest and fines are paid to state budget in accordance with
Clause 3 of this Article before the certificate of business registration or
certificate of enterprise registration is issued; elaborate Clause 4 of this
Article.
Article 86. Application for cancellation of outstanding
tax, late payment interest and fines
1. The
supervisory tax authorities of taxpayers eligible for cancellation of
outstanding tax, late payment interest and fines (hereinafter referred to as
“tax debt cancellation”) shall prepare and submit applications for debt
cancellation to competent authorities or competent persons.
2. An
application for tax debt cancellation consists of:
a) The
written request for tax debt cancellation prepared by the supervisory tax
authority;
b) The
decision to declare bankruptcy in case the enterprise or cooperative is
declared bankrupt;
c)
Documents relevant to the request for tax debt cancellation.
3. The
Minister of Finance shall elaborate this Article.
Article 87. Power to decide tax debt cancellation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The
cases specified in Clause 1 and Clause 2 Article 85 of this Law;
b) The
households, household businesses, individual businesses and individuals in the
cases specified in Clause 3 Article 85 of this Law;
c) The
enterprises and cooperatives in the cases specified in Clause 3 Article 85 of
this Law whose outstanding tax, late payment interest and fines is below VND
5.000.000.000.
2. The
Director of the General Department of Taxation, the Director of the General
Department of Customs shall decide cancellation of debts from VND 5.000.000.000
to under VND 10.000.000.000 owed by enterprises and cooperatives in the cases
specified in Clause 3 Article 85 of this Law.
3. The
Minister of Finance shall decide cancellation of debts from VND 10.000.000.000
to under VND 15.000.000.000 owed by enterprises and cooperatives in the cases
specified in Clause 3 Article 85 of this Law.
4. The
Prime Minister shall decide cancellation of debts from VND 15.000.000.000 and
above owed by enterprises and cooperatives in the cases specified in Clause 3
Article 85 of this Law.
5.
Presidents of the People’s Committees of provinces shall submit reports on tax
debt cancellation to the People’s Committees of the same provinces during the
first meeting of the year. The Minister of Finance shall submit consolidated
reports on tax debt cancellation to the Government, which will report to the
National Assembly when preparing the annual state budget statement.
Article 88. Responsibility for processing applications for
tax debt cancellation
1. If the
application is incomplete, the competent authority or person that receives the
application shall inform the sending authority within 10 working days from the
date of receipt.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter X
APPLICATION OF ELECTRONIC INVOICES AND
DOCUMENTS
Article 89. Electronic invoices
1. An
electronic invoice means an invoice in the form of electronic data, issued by
the goods seller or service provide to record the goods sale or service
provision in accordance with regulations of law on electronic accounting and
tax, including the invoices generated by cash registers that are digitally
connected to tax authorities.
2.
Electronic invoices include VAT invoices, sale invoices, electronic stamps,
electronic tickets, electronic cards, electronic receipts, electronic delivery
notes and other electronic documents.
3.
Authenticated electronic invoices are electronic invoices that bear by tax
authorities’ authentication codes before goods/services are sold to buyers.
The
authentication code on an electronic invoice is a unique serial number
generated by the tax authority’s system and a series of encoded characters
based on information on the invoice.
4.
Unauthenticated electronic invoices are electronic invoices that sent to buyers
without tax authorities’ authentication codes.
5. The
Government shall elaborate this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. When
selling goods/services, the seller shall issue and send electronic invoices to
buyers. The electronic invoices shall follow standard formats and contain
sufficient information in accordance with tax laws and accounting laws,
regardless of the value of each sale.
2. The
sellers that use cash registers shall register to use electronic invoices
generated by cash registers that are digitally connected to the tax
authorities.
3. The
registration, management and use of electronic invoices in sale of
goods/services shall comply with regulations of law on electronic transactions,
accounting and tax.
4.
Electronic invoices shall be authenticated by tax authorities according to
information provided on the invoices by the enterprises, business
organizations, other organizations, household businesses and individual
businesses. Enterprises, business organizations, other organizations, household
businesses and individual businesses are held responsible for the accuracy of
information on their invoices.
5. The
Government shall elaborate this Article.
Article 91. Use of electronic invoices in sale of goods and
services
1.
Enterprises and business organizations shall use authenticated electronic
invoices when selling their goods/services, regardless of the value of each
sale, except for the cases specified in Clause 2 and Clause 4 of this Article.
2.
Enterprises operating in the field of electricity, oil and gas, post and
telecommunications, clean water supply, credit, insurance, health, e-commerce,
supermarket, commerce, air/road/rail/sea/inland waterway transport; enterprises
and business organizations that have been or will conduct electronic
transactions with tax authorities, develop information technology
infrastructure, have software for accounting, issuance, access and storage of
electronic invoices, and ensure the transmission of electronic invoice data to
buyers and tax authorities may use unauthenticated electronic invoices when
selling goods/services, regardless of the value of each sale, unless
tax-related risks are high as prescribed by the Minister of Finance or they
wish to use authenticated electronic invoices.
3. The
household businesses and individual businesses in the cases specified in Clause
5 Article 51 of this Law and other cases of determinable revenue from sale of
goods/services may use authenticated electronic invoices.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 92. Electronic invoice-related services
1.
Electronic invoice-related services include provision of unauthenticated
electronic invoice-related solutions, transmission of unauthenticated
electronic invoices from taxpayers to tax authorities, and services related to
authenticated electronic invoices.
2.
Providers of electronic invoice-related services include providers of
electronic invoice-related solutions, electronic invoice transmission and
storage services, and services related to authenticated electronic invoices
3. The
Government shall elaborate this Article; provide for the cases of charged and
free-of-charge use of authenticated electronic invoices, the cases in which
unauthenticated electronic invoices may be used through providers of electronic
invoice-related services.
4. The
Minister of Finance shall specify criteria for selection of providers of
authenticated electronic invoice-related services, electronic invoice
transmission and storage services, and relevant services.
Article 93. Electronic invoice database
1. Tax
authorities shall organize the development and management of the database and
infrastructure of the invoice information system; organize the collection and
processing of information and management of the invoicing database; ensure the
maintenance, operation, security and safety of the invoice information system;
establish standard invoice formats.
The
electronic invoice database is used to serve tax administration and provision
of electronic invoice information for relevant organizations and individuals.
2. The
enterprises and business organizations that are mentioned in Clause 2 Article
91 of this Law and use unauthenticated electronic invoices shall provide
electronic invoice data in accordance with regulations of the Minister of
Finance.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. When
inspecting goods being sold with electronic invoices, competent authorities and
competent persons shall check information about the electronic invoices on the
web portals of tax authorities and must not request physical invoices. Relevant
authorities shall use their devices to access the electronic invoices database.
5. The
Minister of Finance shall provide electronic stamp templates; promulgate
regulations on management of electronic stamps, access, provision and use of
electronic invoice information; provision of electronic invoice information in
case the online invoice database is inaccessible due to force majeure events.
Article 94. Electronic documents
1.
Electronic documents include documents and receipts in electronic forms
provided for taxpayers by tax authorities or tax-deducting organizations while
following tax procedures or collecting other state budget revenues, and other
electronic documents and receipts.
2. The
Government shall specify the types of electronic documents mentioned in this
Article, the management and use thereof.
Chapter XI
TAXPAYER INFORMATION
Article 95. Taxpayer information system
1.
Taxpayer information system is a collection of information and data about
taxpayers, which are collected, arranged and used in accordance with this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 96. Development, processing and management of the
taxpayer information system
1. Tax
authorities shall organize the development and management of the database and
infrastructure of the taxpayer information system, the tax administration
information system, establish units specialized in collection, processing,
analysis and management of the database, ensure the continuous operation of the
taxpayer information system and the tax administration information system.
2. Tax
authority shall implement necessary measures for collecting, exchanging and
processing domestic and overseas information, official information provided by
foreign competent authorities and tax authorities under international treaties
to which Vietnam is a signatory, international agreement on tax and customs.
3. Tax
authorities shall cooperate with relevant organizations and individuals in
exchanging information and connecting to their online networks.
4. The
Minister of Finance shall elaborate regulations on information collection and
analysis, and management of the taxpayer information system.
Article 97. Responsibilities of taxpayers for providing
information
1. Fully,
accurately provide information in the tax dossier and information serving
determination of tax liability at the request of tax authorities.
2.
Provide information in writing or through the network of the tax authorities as
requested.
Article 98. Responsibilities of relevant entities for
providing information
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a)
Issuers of investment registration certificates, certificates of enterprise
registration and licenses for establishment and operation shall provide
information about such certificates and licenses to the tax authorities within
07 working days from their issuance dates and other information requested by
tax authorities;
b) State
Treasuries shall provide information about the amount of tax paid and refunded.
2. The
following entities have the responsibility to provide taxpayer information at
the request of tax authorities:
a)
Commercial banks shall provide information about transactions and account
balance of taxpayers within 10 working days from the day on which the tax
authority’s request is received;
c) Land
and housing authorities shall provide information about use of land and
ownership of houses of organizations, households, household businesses,
individuals and individual businesses;
c) Police
authorities shall provide and exchanges information about tax offences; entry
and exit, registration and management of vehicles;
d) Income
payers shall provide information about payment of incomes and tax deducted from
the taxpayers’ income at the request of tax authorities;
dd) Trade
authorities shall provide information about management of exports, imports and
transited goods of Vietnam and other countries; market surveillance
information.
3.
Relevant authorities shall provide online taxpayer information for tax
authorities through the taxpayer information system or National Single-window
Information Portal.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The
Government shall elaborate this Article.
Article 99. Taxpayer information security
1. Tax
authorities, tax officials, former tax officials, authorities that provide and
exchange taxpayer information, tax agents shall protect the confidentiality of
information about taxpayers in accordance with law, except in the cases
specified in Clause 2 of this Article and Article 100 of this Article.
2. Tax
authorities shall provide taxpayer information for the following authorities to
facilitate their proceedings, inspection, and audit process:
a)
Investigating authorities, Procuracies, Courts;
b) State
inspectorates and state audit organizations;
c) Other
regulatory bodies prescribed by law;
d)
Foreign tax authorities under international tax treaties to which Vietnam is a
signatory.
Article 100. Publishing taxpayer information
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) evades
tax; delays paying tax and other amounts payable to state budget; owes overdue
tax and other amounts payable to state budget;
b)
commits a tax offence that affects interests and tax liability of another
organization or individual;
c) fails
to comply with the tax authorities’ request as prescribed by law.
2. The
Government shall elaborate this Article.
Chapter XII
TAX AGENTS ANC CUSTOMS AGENTS
Article 101. Tax agents
1. A
provider of tax services (hereinafter referred to as “tax agent”) is an
enterprise that is established and operates in accordance with enterprise laws
and provides services for taxpayers under agreements.
2.
Enterprises qualified for operating as tax agents shall submit applications for
the certificate of eligibility to provide tax services to Provincial Departments
of Taxation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
An
enterprise will be granted the certificate of eligibility to provide tax
services if:
1. It is
established in accordance with law.
2. At least
02 of its full-time employees are granted the tax agent certification.
Article 103. Issuance of the certificate of eligibility to
provide tax services
1. An
application for the certificate of eligibility to provide tax services consists
of:
a) The
application form;
b)
Photocopies employees’ tax agent certifications.
b)
Photocopies employment contracts with the employees mentioned in (b).
2. The
Provincial Department of Taxation shall issue the certificate of eligibility to
provide tax services to the enterprise within 05 working days from the day on
which the satisfactory application is received. A written notice and
explanation shall be sent if the application is rejected.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1.
Services provided for taxpayers by tax agents under contracts include:
a)
Procedures for taxpayer registration, tax declaration, tax payment, tax
settlement, application for tax remission, application for tax refund, and
other tax-related procedures the taxpayers have to follow;
b) Tax
counseling;
c) Tax
services for microenterprises prescribed in Article 150 of this Law.
Microenterprises shall be identified in accordance with regulations of law on
assistance for small and medium enterprises.
2. Rights
and obligations of tax agents:
a)
Provide services for taxpayers under contracts;
b) Comply
with this Law, tax laws and relevant laws during their operation;
c) Take
legal responsibility and responsibility to taxpayers for the services provided.
3. The
Minister of Finance shall provide for management of tax agents’ operation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. In order to be granted the tax agent certification, a person shall:
a) have
full legal capacity;
b) have
at least a bachelor’s degree in economics, finance, accounting, audit or another
major specified by the Minister of Finance;
c) have
at least 36 months’ experience of work in finance, accounting or audit after
graduation;
d) pass
the examination for the practising certificate for tax services, which consists
of two tests: tax and accounting.
2.
Holders of the auditor certification or accountant certification issued by
competent authorities will be granted the tax agent certification without
having to pass the exam.
3. The
person who has the tax agent certification and works for a tax agent is called
a tax agent employee. Tax agent employees must fully participate in refresher
training programs.
4. The
following persons must not work as tax agent employees:
a)
Officials and public employees; commissioned and non-commissioned officers, career
military personnel, military workers, military public employees,
non-commissioned police officers and police workers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Any
person who has been convicted of any of the crimes related to tax, finance or
accounting and has not have his/her criminal record expunged; any person who is
put under supervision by commune authority or put into a correctional
institution or rehabilitation center;
d) Any
person who incurs an administrative penalty for accounting- or audit-related
offence over the last 06 months (for warnings) or 12 months (for other
penalties).
5. The
Minister of Finance shall promulgate regulations on organization of
examinations, conditions for exemption from examinations; procedures for
issuance and revocation of the tax agent certification; provision of refresher
training for tax agent employees.
Article 106. Customs agents
Customs
laws shall apply to providers of customs procedure services (hereinafter
referred to as “customs agent”).
Chapter XIII
TAX AUDIT AND TAX INSPECTION
Section 1. GENERAL PROVISIONS
Article 107. Rules for tax audits and tax inspections
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. b)
Comply with this Law and relevant laws, set forms, inspection procedures
prescribed by the Minister of Finance.
3. Tax
document examinations must not obstruct normal operation of taxpayers.
4. When
deciding to carry out a tax audit or tax inspection on the taxpayer’s premises,
the head of the tax authority shall issue an inspection decision.
5. Tax
audit and tax inspection are meant to assess the adequacy and accuracy of the
documents submitted or presented to tax authorities by taxpayers; the
taxpayers’ compliance with tax laws and relevant laws.
Article 108. Processing results of tax audits and tax
inspections
1.
According to the result of the tax audit or tax inspection, the head of the tax
authority shall issue a tax decision, recover the tax refunded against tax
laws, impose penalties for tax administrative offences or request a competent
person to do so. If the offence is specified in the tax audit/inspection
record, it will be also considered the administrative violation record.
2. If tax
evasion is suspected, the tax authority shall transfer the case to a competent
authority for investigation; the tax authority shall cooperate with proceeding
authorities during the investigation, prosecution and adjudication as
prescribed by law.
Section 2. TAX AUDIT
Article 109. Tax audit on tax authorities’ premises
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Tax
audit shall be inspected on tax authorities’ premises to assess the adequacy
and accuracy of the information in the tax dossier and the taxpayer’s
compliance with tax laws. Tax officials assigned to carry out tax audit shall
analyze the tax dossier according to its level of tax risk, accordingly propose
a plan for inspection on the tax authority’s premises, or follow the
instructions in Clause 2 of this Article;
b) Tax
audit on customs authorities’ premises is meant to compare information in the
tax dossier with relevant information and documents, tax laws and result of
physical inspection of exports or imports. Post-clearance inspection on customs
authorities’ premises shall be carried out in accordance with customs law.
2.
Processing of results of tax audit on tax authorities’ premises:
a) If a
tax offence which leads to insufficient tax or tax evasion is discovered, the
taxpayer shall fully pay the tax and incur the penalties specified in this Law
and relevant laws;
b) In
case clarification of specific content in the tax dossier relevant to the amount of tax
payable, exempt, reduced, refunded or carried forward is necessary, the tax
authority shall request the taxpayer to provide explanation or additional
information or documents. In case the explanation or additional information or
documents provided by the taxpayer prove that tax is declared correctly, the
tax dossier will be accepted. Otherwise, the tax authority will request the
taxpayer to supplement the tax dossier.
If the
taxpayer fails to provide additional explanation, information or document or
fails to supplement the tax dossier, or the additional explanation or
supplementation is incorrect, the tax authority shall impose tax liability or
issue a decision on examination on the taxpayer’s premises, or use it as the
basis for development of the inspection plan according to tax risk management
rules.
Article 110. Tax audit on taxpayers’ premises
1. Tax
audit on a taxpayer’s premises shall be carried out in the following cases:
a) The
tax refund claim is subject to inspection before refund or eligible for refund
before inspection;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c)
Post-clearance inspection on the declarant’s premises shall be carried out in
accordance with customs law;
d) Violations
are suspected;
dd) The
inspection is carried out under a plan or theme;
e) The
inspection is requested by State Audit Office of Vietnam, State inspectorates
or another competent authority;
g) The
enterprise is undergoing full division, partial division, merger, amalgamation,
conversion, dissolution, shutdown, equitization, TIN invalidation, relocation
of business location; other cases of surprise inspection and inspection
requested by competent authorities, except for the cases of dissolution or shutdown
in which tax is not finalized by tax authorities.
2. In the
cases specified in Point dd, Point e and Point g Clause 1 of this Article, tax
authorities shall carry out inspection on taxpayers’ premises not more than
once per year.
3. The
tax audit decision shall be sent to the taxpayer within 03 working days and
announced within 10 working days from the day on which it is signed. Before the
decision is announced, if the taxpayer is able to prove that the declared tax
is accurate and the tax has been fully paid, the tax authority shall annul the
decision.
4. Tax
audit procedures:
a)
Announce the tax audit decision before carrying out the inspection;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The
duration of the inspection shall not exceed 10 working days and be specified in
the inspection decision. The inspection begins when the decision is announced.
In case the inspection is complicated, the issuer of the decision may extend
the duration for up to 10 more days;
d) Issue
a tax audit record within 05 working days from the end of the inspection;
dd) Take
proper actions or request a competent authority to take actions according to
the inspection results.
5.
Post-clearance inspection shall be carried out in accordance with customs law.
Article 111. Rights and obligations of taxpayers during tax
audit on their premises
1. The
taxpayer has the right to:
a) Reject
the inspection if the tax audit decision is not available;
b) Refuse
to provide information and documents that are not relevant to the audit;
information and documents that are state secrets, unless otherwise prescribed
by law;
c)
Receive the tax audit record and request explanation for the contents thereof;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) File
a complaint or lawsuit and claim damages as prescribed by law;
e) Report
violations of law committed during the audit.
2. The
taxpayer has the responsibility to:
a) Comply
with the tax audit decision;
b) Fully
and accurately provide information and documents relevant to the inspection as
requested by the auditors; take legal responsibility for the accuracy of the
information and documents provided;
c) Sign
the tax audit record within 05 working days from the end of the inspection;
d) Comply
with the requests specified in the tax audit record, conclusion and relevant
decisions.
Article 112. Duties and entitlements of the head of the tax
authority that issues the tax audit decision and tax officials in tax audit
1. The
head of the tax authority that issues the tax audit decision has the following
duties and entitlements:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b)
Implement the measures specified in Article 122 of this Law;
c) Extend
the inspection duration;
d) Issue
tax decisions or impose administrative penalties within his/her competence, or
request a competent person to issue a conclusion and impose penalties for tax
administrative offences;
dd)
Settle complaints within his/her competence.
2. Tax
officials have the following duties and entitlements during the audit:
a) Comply
with the tax audit decision;
b)
Request the taxpayer to provide information and documents relevant to the
audit;
c) Issue
an inspection record; submit a report to the person that issued the tax audit
decision and take responsibility for the accuracy and objectivity of such
record and report;
d) Impose
administrative penalties within their competence or request a competent person
to issue a conclusion and impose penalties for tax administrative offences;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 113. Cases of tax inspection
1. A tax
offence is suspected.
2. The
inspection is necessary to settle a complaint or implement anti-corruption
measures.
3. The
inspection is necessary for tax administration on the basis of classification
of risks in tax administration.
4. The
inspection is requested by State Audit Office of Vietnam, State inspectorate or
another competent authority.
Article 114. Tax inspection decision
1. Heads
of tax authorities at all levels are entitled to issue tax inspection
decisions.
2. The
tax inspection decision shall contain:
a) Legal
basis for the tax inspection;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c)
Duration of the inspection;
d) The
chief and members of the inspectorate.
3. The
tax inspection decision shall be sent to the inspected entity within 03 working
days from the day on which it is signed.
4. The
tax inspection decision shall be announced within 15 days from its issuance
date.
Article 115. Duration of tax inspection
1. The
duration of tax inspections shall comply with the Law on Inspection. The
duration of an investigation is the period from the date on which the tax
inspection decision is announced to the ending date of the inspection.
2. Where
necessary, the person who issues the tax inspection decision (hereinafter
referred to as “tax inspection decider”) may extend the duration in accordance
with the Law on Inspection.
Article 116. Duties and entitlements of tax inspection
deciders
1. The
tax inspection decider has the following duties and entitlements:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b)
Request the inspected entity to provide information, documents, reports and
explanation for relevant issues; request other organizations and individuals to
provide relevant information and documents they have;
c)
Request professional opinions on the issuers relevant to the content of the inspection;
d) Order
suspension or request a competent person to order suspension of an operation if
it is deemed to cause material damage to interests of the State, the lawful
rights and interests of other organizations and individuals;
dd) Take
actions or request a competent person to take actions and supervise the
implementation of such actions;
e) Settle
complaints (if any) against the chief and members of the inspectorate;
g)
Suspend or replace the chief or member of the inspectorate if he/she fails to
satisfy the requirements for participation in the inspection, commits
violations of law or is found related to the inspected entity, or cannot participate
in the inspection for other reasons;
g) Draw a
conclusion about the inspection;
i) Trance
the case to a criminal investigation authority if a criminal offence is
suspected, and send a written notice to the People’s Procuracy at the same
level;
k)
Implement the measures specified in Article 121, 122 and 123 of this Law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. When
performing the duties and entitlements mentioned in Clause 1 of this Article,
tax inspection deciders shall be held responsible for their decisions.
Article 117. Duties and entitlements of the chief and
members of the inspectorate
1. The
chief of the inspectorate has the following duties and entitlements:
a)
Organize the investigation and instruct the members to implement the tax
inspection decision;
b)
Propose necessary measures to the inspection decider to ensure accomplishment
of the objectives;
c)
Request the inspected entity to present the practice certificate, certificate
of business registration, certificate of enterprise registration, cooperative
registration certificate, investigation registration certificate, license for
establishment and operation, provide information, documents, reports and
explanation for relevant issues;
d) Issue
a record on the violations committed by the inspected entity;
dd) Carry
out stocktaking of the inspected entity’s assets relevant to the inspection;
e)
Request other organizations and individuals to provide relevant information and
documents they have;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Seal
the investigated entity’s documents if violations are suspected;
i) Order
suspension or request a competent person to order suspension of an operation if
it is deemed to cause material damage to interests of the State, the lawful
rights and interests of other organizations and individuals;
k)
Request the credit institutions where the inspected entity opens their accounts
to freeze such accounts if there are reasonable grounds for suspecting that the
inspected entity attempts to liquidate their assets;
l) Impose
administrative penalties in accordance with law;
m) Submit
a report on the inspection results to the inspection decider and take
responsibility for the accuracy and objectivity of such report;
n)
Implement the measures specified in Article 122 of this Law.
2.
Members of the inspectorate have the following duties and entitlements:
a)
Perform the tasks assigned by the chief;
b)
Request the investigated entity to provide information, documents, reports and
explanation for relevant issues; request other organizations and individuals to
provide relevant information and documents they have;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d)
Propose solutions for the issues relevant to the inspection;
dd)
Submit reports on the performance of their tasks to the chief and take legal
responsibility and responsibility to the chief for the accuracy and objectivity
of such reports.
Article 118. Rights and obligations of inspected entities
1. The
inspected entity has the right to:
a)
Provide explanation for the issues relevant to the content of the inspection;
b) File
complaints against the decisions and actions made by the inspection decider,
the chief or member of the inspectorate during the inspection; file complaints
against the conclusion or post-inspection decision in accordance with
regulations of law on complaints; the post-inspection decision still has to be
implemented while the complaint is being handled;
c)
Receive the inspection record and request explanation for the contents thereof;
d) Refuse
to provide information and documents that are not relevant to the inspection;
information and documents that are state secrets, unless otherwise prescribed
by law;
dd) Claim
damages in accordance with law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The
inspected entity has the responsibility to:
a) Comply
with the tax inspection decision;
b) Fully
and accurately provide information and documents requested by the tax inspection
decider, the chief or member of the inspectorate and take legal responsibility
for the accuracy of the information and documents provided;
c) Comply
with requests, conclusions and handling decisions of the inspection decider,
the chief and member of the inspectorate, and competent authorities;
d) Sign
the inspection record.
Article 119. Tax inspection conclusion
1. Within
15 days from the receipt of the tax inspection result, the inspection decider
shall issue a conclusion unless the conclusion has to be given by another
competent authority. The conclusion shall contain:
a)
Assessment of the inspected entity’s compliance to tax laws;
b) Draw a
conclusion about the inspected contents;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d)
Actions taken or penalties to be imposed by a competent person as prescribed by
law.
2. The
inspection decider is entitled to request the chief and members of the
inspectorate to submit reports; request the inspected entity to provide explanation
before giving the conclusion or making the post-inspection decision.
Article 120. Re-inspection
1. The
following persons are entitled to decide re-inspection in case violations of
law are suspected after a conclusion has been given:
a) Chief
Inspector of the Ministry of Finance, at the request of the Minister of
Finance, shall decide reinsertion of the cases concluded by the Director of the
General Department of Taxation or Customs within the management of the Ministry
of Finance;
b) The
Director of the General Department of Taxation or Customs shall decide
re-inspection of the cases concluded by Directors of Provincial Departments;
b) The
Director of a Provincial Department shall decide re-inspection of the cases
concluded by Directors of Departments of the districts in the same province;
d) The
decision on re-inspection shall have the contents specified in Article 114 of
this Law. Within 03 working days from the day on which such decision is signed,
the issuer shall send it to the inspected entity. The decision on re-inspection
shall be announced within 15 days from the day on which it is signed. Such
announcement shall be recorded in writing by the inspectorate.
2. A
re-inspection shall be carried out in the following cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b)
Mistakes were made when giving the initial conclusion;
c) The
conclusion is contrary to the evidence collected during the initial inspection,
or there are signs of high risks according to the risk assessment criteria;
d) The
inspection decider, the chief or member of the inspectorate deliberately
falsifies the documents or gives a conclusion against the law;
dd) It is
suspected that serious violations of law committed by the inspected entity were
not discovered during the initial inspection.
3. Time
limit and duration of re-inspection:
a) A
re-inspection must not be carried out after 02 years from the day on which the
initial inspection conclusion is signed;
b) The
duration of a re-inspection is specified in Article 115 of this Law.
4. During
the re-inspection, the inspection decider, the chief and members of the
inspectorate have the duties and entitlements specified in Article 116 an
Article 117 of this Law.
5. The
re-inspection conclusion shall be given and announced as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Within 15
working days from the day on which the re-inspection conclusion is signed, it
must be sent to the heads of the same-level and superior regulatory
authorities;
b) The
re-inspection conclusion shall be announced in accordance with inspection laws.
Section 4. MEASURES AGAINST TAX EVATIONS
Article 121. Collection of information about tax evasion
1. The
head of the tax authority is entitled to request relevant entities to provide
information about tax evasion, whether in writing or in person.
2. In
case of providing information in writing, the informant shall send the
information to the provided address by the deadline and take responsibility for
the accuracy of the information provided; explain in writing if the information
cannot be provided.
3. In
case of providing information in person, the informant shall be present as
requested to provide the information and take responsibility for the accuracy
of the information provided; information may be provided in writing if it cannot
be provided in person.
In case
of providing information in person, members of the inspectorate shall issue a
written record and openly make a video/audio record of the conversation.
Article 122. Impoundment of documents and items relevant to
tax evasion
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The
impoundment shall be carried out when it is necessary to clarify the basis for
taking actions against tax evasion.
3. The
head of the tax authority or the chief of the inspectorate shall issue the
decision to impound documents and items relevant to tax evasion. Within 24
hours from the beginning of the impoundment, the chief of the inspectorate
shall request the head of the tax authority to issue an impoundment decision.
Such decision shall be issued by a competent person within 08 working hours
from the receipt of the request. If the competent person rejects the request,
the chief of the inspectorate shall return the documents and items within 08
working hours after the competent person gives the rejection.
4. In
case of impoundment, the chief of the inspectorate shall issue a record. The
record shall specify the names, quantities, categories of the documents and
items; bears the signature of the impoundment decider and the person
responsible for management of the impounded documents and items. The
impoundment decider has the responsibility to protect the impounded documents
and items and take legal responsibility if they are lost, swapped or damaged.
In case
the documents or items need sealing, they shall be sealed in the presence of
their owner or, if the owner is not present, the representative of the owner’s
family or representative of the organization and representative of the commune
authority and a witness.
5.
Storage of impounded Vietnamese currency, foreign currencies, gold, silver,
gemstones, precious metals and other items that require special management
shall comply with regulations of law. In case of impoundment of perishable
items, the impoundment decider shall issue an impoundment record. Collected
money shall be sent to an impoundment account at the State Treasury to ensure
collection of tax, late payment interest and fines.
6. Within
10 working days from the impoundment date, the impoundment decider shall handle
the impounded documents or items in accordance with the handling decision or
return them to their owner if they are not confiscated. The impoundment
duration may be extended in complicated cases. Nevertheless, the duration must
not exceed 60 days. The extension of impoundment duration shall be decided by
the competent person mentioned in Clause 1 of this Article.
7. The
tax authority shall give 01 copy of the impoundment decision, impoundment
record and the handling decision to the document or item owner.
Article 123. Search of premises for documents and items
relevant to tax evasion
1. The
head of the tax authority shall decide search of premises for documents and
items relevant to tax evasion. In case of search of a home, it has to be
approved in writing by a competent person as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The
search shall be carried out in the presence of the premises’ owner and a
witness. In case the premises’ owner is not present and the search cannot be
delayed, the presence of a representative of the commune authority and 02
witnesses is required.
4. A
search of premises must not be carried out at night, during public holidays,
during the premises owners’ familial events, unless in flagrante delicto
(caught red handed). The reasons must be written in the record.
5. Every
search of premises is subject to a written decision and has to be recorded in
writing. 01 copy of the decision and the record shall be given to the premises’
owner.
Chapter XIV
TAX ENFORCEMENT
Article 124. Cases of tax enforcement
1. The
taxpayer’s tax has been overdue for more than 90 days.
2. The
taxpayer fails to pay tax by the extended deadline.
3. The
taxpayer attempts to liquidate assets or abscond.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. A tax
decision will not be enforced for up to 12 months if the tax authority charges
off the tax debt; exempts late payment interest in accordance with this Law;
allows payment of outstanding tax in instalments.
Payment
of tax by instalments shall be considered by the supervisory tax authority of
the taxpayer on the basis of the taxpayer’s request and guarantee of a credit
institution. The Minister of Finance shall specify the number of instalments
and procedures for tax payment by instalments.
6. Do not
enforce tax payment if the taxpayer owes customs fees and transit fees.
7. The
legal representative of the enterprise against which the tax decision is
enforced shall fulfill its tax liability before exiting the country and may be
suspended from exit in accordance with immigration laws.
Article 125. Tax enforcement measures
1. For
the purposes of Articles 125 to 135, “taxpayer” means the taxpayer against whom
a tax enforcement measure is taken. Tax enforcement measures include:
a)
Extract money from the taxpayer’s account at the State Treasury, commercial
bank or credit institution; freezing accounts;
d) Deduct
money from the taxpayer’ salary or income;
c)
Suspend customs procedures for exports or imports;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Seize the
taxpayer’s assets and sell them at auction in accordance with law;
e)
Confiscate the taxpayer’s money and assets that are being held by a third
party;
g) Revoke
the certificate of business registration, certificate of enterprise
registration, cooperative registration certificate, investigation registration
certificate, license for establishment and operation, practice certificates.
2. The
measures mentioned in Clause 1 of this Article shall terminate when tax has
been fully paid to state budget.
3. The
measures mentioned in Clause 1 of this Article shall be applied as follows:
a) Tax
authorities shall choose the measures specified in Points a, b and c in Clause
1 of this Article on a case-by-case basis;
b) In the
cases where any of the measures specified in Points d, dd, e and g in Clause 1
of this Article cannot be applied, the next measures shall be applied;
c) In
case any of the measures mentioned in Clause 1 of this Article turns out to be
ineffective, the tax authority may implement the previous or the next one if
possible before termination of the current measure.
Article 126. Power to decide tax enforcement
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The
revocation of the certificate of business registration, certificate of
enterprise registration, cooperative registration certificate, investigation
registration certificate, license for establishment and operation, practice
certificate mentioned in Point g Clause 1 Article 125 of this Law shall be
carried out in accordance with regulations of law.
Article 127. Tax enforcement decision
1. A tax
enforcement decision shall contain:
a) Date
of issuance;
b) Basis
of the decision;
c) The
decider;
d) The
taxpayer’s name, address, TIN;
dd)
Reason for enforcement;
e) The
enforcement measures;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) The
presiding authority and cooperating authority(ies).
2. The
tax enforcement decision shall be sent to the taxpayer, the taxpayer’s
supervisory tax authority, relevant organizations and individual. The decision
may be sent electronically if possible and updated on the tax authority’s
website. In the case specified in Point dd Clause 1 Article 125 of this Law,
the tax enforcement decision shall be sent to the President of the People’s
Committee of the commune where tax is enforced before implementation of the
enforcement measures.
3. A tax
enforcement decision is effective for 01 year from its issuance date. If the
enforcement measure is account extraction or account freezing, the decision
shall be effective for 30 days from its issuance date.
Article 128. Responsibility for organizing implementation
of tax enforcement decisions
1. The
person who issues the tax enforcement decision shall organize its
implementation.
2. The
People’s Committee of the commune where the taxpayer resides shall instruct
other authorities to cooperate with the tax authority in implementation of the
tax enforcement decision.
3. The
police shall assist the tax authority in maintaining security and order upon
request by the person who issue the tax enforcement decision.
Article 129. Enforcement by extraction of money from the
taxpayer’s account; account freezing
1. If the
taxpayer deposits money in an account at State Treasury, commercial bank or
credit institution, such account shall be extracted or frozen.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. In
case the tax enforcement decision expires before the State Treasury, commercial
bank or credit institution fully transfers the money to state budget, it shall
send a written notice to the person who issues the tax enforcement decision and
the taxpayer.
4.
Administrative penalties specified in Chapter XV of this Law shall be imposed
upon the State Treasury, commercial bank or credit institution in case it fails
to fully transfer the money from the taxpayer’s account to the state budget
account in accordance with the tax enforcement decision during the effective
period of the tax enforcement decision while the taxpayer’s account balance is
sufficient.
5. The Government
shall elaborate this Article.
Article 130. Enforcement by deduction of money from the
taxpayer’ salary or income
1. Money
shall be deducted from the taxpayer’s salary or income if the taxpayer is
working as a state official, working under an employment contract with a
duration of at least 06 months, on pension or disability benefits.
2. The
amount deducted is 10% - 30% of the monthly salary/pension/benefits or up to
50% of other kinds of incomes.
3. The
taxpayer’s employer shall:
a) Deduct
the amount of money specified in the tax enforcement decision to the state
budget account at the State Treasury since the nearest income payment until the
tax debt is fully paid, and send a written notice to the decision issuer and
the taxpayer;
b) In
case the taxpayer’s employment contract is terminated before the tax debt is
fully paid, the employer shall inform the decision issuer within 05 working
days from the contract termination date;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The
Government shall elaborate this Article.
Article 131. Enforcement by suspension of customs
procedures
1. The
head of the customs authority to which the taxpayer owes tax debt shall make a
notice at least 05 working days before the suspension of customs procedures.
2.
Customs procedures shall not be suspended in the following cases:
a) The
exports are duty-free, not subject to export duty or subject to 0% export duty;
b) The
exports or imports are meant to serve national defense and security, natural
disaster management, epidemic response, emergency assistance; humanitarian aid
or grant aid.
3. The
Government shall elaborate this Article.
Article 132. Enforcement by suspension of use of invoices
1. Tax
authorities shall announce suspensions of use of invoices on their websites and
mass media within 24 hours.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 133. Enforcement by seizure of the taxpayer’s
assets and sell them at auction
1. The
taxpayer’s assets shall not be seized if the taxpayer is an individual receiving treatment at a
health facility established in accordance with law.
2. The
value of the seized assets shall be equal to the amount written in then tax
enforcement decision plus (+) the enforcement cost.
3. The
following assets must not be seized:
a)
Medicines, essential foods of the taxpayers and their family;
b)
Working tools;
c) Sole
house, essential domestic appliances and utensils of the taxpayers and their
family;
d)
Religious objects; relics, medals, certificates of merit;
dd)
Assets serving national defense and security.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The
Government shall elaborate this Article.
Article 134. Enforcement by confiscation of the taxpayer’s
money and assets that are being held by a third party
1. When
the tax authority discovers that the taxpayer’s money and assets being held by
a third party, they shall be confiscated.
2. Rules
for confiscation of the taxpayer’s money and assets being held by the third
party:
a) If the
third party owes a due debt payable to the taxpayer or is holding the
taxpayer’s money or assets, the third party shall pay the tax debt in lieu of
the taxpayer;
b) If the
taxpayer’s money or assets being held by the third party belong to secured
transactions or are meant for bankruptcy process, they shall be handled in
accordance with law;
c) The
amount paid to state budget by the third party will be considered paid on
behalf of the taxpayer.
3. The
third party shall:
a)
provide the tax authority with information about the debt, money or assets of
the taxpayer, including the amount or categories of assets and the condition
thereof.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) In
case the tax authority’s request cannot be fulfilled, provide explanation for
the tax authority within 05 working days from the receipt of the request;
d) incur
the taxpayer’s debt and the enforcement measures specified in Clause 1 Article
125 of this Law if the tax debt is not paid by the third party on behalf of the
taxpayer within 15 days from the receipt of the tax authority’s request.
4. The
Government shall elaborate this Article.
Article 135. Enforcement by revocation of the certificate
of business registration, certificate of enterprise registration, cooperative
registration certificate, investigation registration certificate, license for
establishment and operation, practice certificates
1. The
head of the tax authority shall send a competent authority the request for
revocation of the certificate of business registration, certificate of
enterprise registration, cooperative registration certificate, investigation
registration certificate, license for establishment and operation or practice
certificate.
2. The
revoking authority shall inform the revocation through mass media.
3. The
Government shall elaborate this Article.
Chapter XV
PENALTIES FOR ADMINISTRATIVE TAX OFFENCES
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 136. Rules for imposition of penalties for tax
administrative offences
1.
Penalties for tax administrative offences shall be imposed in accordance with
regulations of law on tax administration and administrative penalties.
2. Use of
illegal invoices, illegal use of invoices, improper use of invoice
that lead to underpayment of tax or tax evasion shall incur penalties for tax
administrative offences instead of administrative penalties for invoice-related
offences.
3. The
maximum fines for understatement of tax payable or overstatement of tax
eligible for refund, remission, cancellation, and tax evasion shall be imposed
in accordance with this Law.
4. The
fine for a tax offence committed by an organization is twice the fine for the same offence
committed by an individual, except for understatement of tax payable and
overstatement of tax eligible for refund, remission, cancellation, and tax
evasion.
5. In
case of tax liability imposition specified in Article 50 and Article 52 of this
Law, the offence, depending on its nature and seriousness, may incur the
penalties for tax administrative offences specified in this Law.
6. The
on-duty competent person that discovers the tax offence shall issue a record as
prescribed by law. In case the taxpayer declares tax electronically, the
electronic tax notice that specifies the tax offence shall be the basis for
penalty imposition.
7.
Criminal laws shall apply if the tax offence is liable to criminal prosecution.
Article 137. Time limits for imposition of penalties for
tax administrative offences
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The
time limit for imposition of tax evasion that is not liable to criminal
prosecution, understatement of tax payable or overstatement of tax eligible for
refund, remission or cancellation is 05 years from the day on which the offence
is committed.
3. After
the aforementioned time limits expire, the taxpayer will not incur penalties
but still has to fully pay the outstanding tax, the evaded tax, the
incorrectly reduced, exempted or refunded tax plus (+) late payment interest that have accrued over
the last 10 years before the day on which the offence is discovered. In case
the taxpayer is not registered, the outstanding tax plus (+) late payment
interest that has accrued before the offence is discovered.
Article 138. Penalties, fines and remedial measures
1.
Penalties for tax administrative offences include:
a)
Warning;
b) Fine.
2. Fines
for tax offences
a) The
maximum fines for the offences specified in Article 141 of this Law shall
comply with regulations of law on administrative penalties;
b) The
fine for understatement of tax payable or overstatement of tax eligible for
refund, remission or cancellation in the cases specified in Point a Clause 2
Article 142 of this Law shall be 10% of the difference;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The
fine for tax evasion specified in Article 143 of this Law shall be 01 – 03
times the tax evaded.
3.
Remedial measures include:
a) Full
payment of outstanding tax;
b) Payment
of tax incorrectly exempted, reduced, refunded or cancelled.
4. The
Government shall elaborate this Article.
Article 139. Power to impose penalties for tax
administrative offences
1. The
power to impose penalties for tax administrative offences shall comply with
regulations of law on tax administration and administrative penalties.
2. Heads
of tax authorities, the Director of the Smuggling Investigation and Prevention
Department of the General Department of Customs have the power to impose
penalties for the offences specified in Article 142, 143, 144 and 145 of this
Law.
3. The
Government shall elaborate this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The
taxpayer that commits a tax offence in a force majeure event specified in
Clause 27 Article 3 of this Law will be exempt from paying the fine. The total
fine exempted shall not exceed the loss of assets or goods.
2. If the
penalty imposition decision has been implemented, the fines will not be
exempted.
3. The
Government shall elaborate this Article.
Section 2. ADMINISTRATIVE TAX OFFENCES
Article 141. Violations against tax procedures
1.
Violations against tax procedures:
a)
Failure to meet the deadline for taxpayer registration; the deadline for
notification of changes to taxpayer registration information;
b)
Failure to submit the tax declaration dossier within 90 days from the deadline
or extended deadline;
c)
Failure to submit the tax declaration dossier within the period from deadline
for submission of the customs declaration to the day on which abandoned goods
are handled according to the Law on Customs;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd)
Violations against regulations on provision of tax-related information;
e)
Failure to comply with the administrative decision on tax inspection, tax
audit, tax enforcement.
2.
Administrative penalties shall not be imposed for violations against tax
procedures in the following cases:
a) The
deadline for submission of the tax declaration dossier is extended;
b) The
individual who prepare the personal income tax statement himself/herself has
refundable tax;
c) Tax
liability has been imposed upon a household business or individual business as
prescribed in Article 51 of this Law.
3. The
Government shall elaborate this Article.
Article 142. Understatement of tax payable or overstatement
of tax eligible for refund, remission or cancellation
1.
Understatement of tax payable and overstatement of tax eligible for refund, remission or
cancellation include:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The
figures in the taxpayer’s market value determination documents or the
declaration of related-party transactions are found incorrect by tax inspectors
or tax auditors in a manner that results in Understatement of tax payable or
overstatement of tax eligible for remission or refund;
c) The
taxpayer uses illegal invoices/documents or illegally uses invoices that lead
to decrease in tax payable or increase in tax eligible for remission or refund
but the buyer of goods/services under the illegal invoices is able to prove
that the seller is at fault.
2. In any
of the following cases, a taxpayer that understates the export/import duty
payable or overstates the duty eligible for remission, refund or cancellation
that is not mentioned in Clause 6 and Clause 7 Article 143 of this Law, in
addition to making supplementation to the tax dossier, will have to fully pay
tax, late payment interest and face administrative penalties:
a) The
taxpayer realizes the mistake and supplements the tax dossier after the customs
authority has announced the physical inspection of customs documents of the
goods undergoing customs procedures, or after 60 days from the customs
clearance date and before the customs authority issues the decision on
post-clearance inspection or inspection of goods granted customs clearance;
b) The
mistakes are discovered by the customs authority while the goods are undergoing customs
procedures, during inspection of goods that have been granted customs clearance, or during
post-clearance inspection and the violator has voluntarily paid the duty in
full.
c) The
violator has voluntarily paid the duty in full, in the cases other than those
specified in Point a and Point b of this Clause.
3.
Administrative penalties for tax offences will not be imposed if the taxpayer
has supplemented the tax dossier and voluntarily paid the duty in full before
the tax authority announces the decision on tax audit or tax inspection on the
taxpayer’s premises, or before the tax authority discovers the violations
without a tax audit or tax inspection on the taxpayer’s premises.
4. In
case of exports and imports, penalties for administrative tax offences shall
not be imposed. However, the taxpayer has to pay the outstanding duty and late
payment interest in the following cases:
a) The
taxpayer has supplemented the tax dossier before the customs authority
announces the physical inspection of customs documents of the goods undergoing
customs procedures;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 143. Tax evasion
1.
Failure to submit the application for taxpayer registration; failure to submit
the tax declaration dossier or to submit the tax declaration within 90 days
from the deadline or extended deadline for submission specified in this Law.
2.
Failure to record the revenues relevant to calculation of tax payable in the
accounting books.
3.
Failure to issue invoices when selling goods/services as prescribed by law;
write lower prices on the sale invoices than the actual prices.
4. Use of
illegal invoices or illegal use of invoices for purchases in order to decrease
the tax payable or increase the tax eligible for remission, deduction, refund
or cancellation.
5. Use of
documents that do not truthfully reflect the nature of the transactions or
their values which leads to decrease in the tax payable or increase in the tax
eligible for remission, refund or cancellation.
6.
Incorrect declaration of exports or imports without making supplementation
after customs clearance is granted.
7. Deliberate
omission or incorrect declaration of export or import duty.
8.
Collaboration with the consignor in evading import duty.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10.
Carrying on business operation during the suspension period without informing
the tax authority.
11. In
the following cases, the penalties mentioned in Clause 1 Article 141 shall be
imposed instead of penalties for tax evasion:
a) The
taxpayer fails to submit the application for taxpayer registration; fails to
submit the tax declaration dossier or submits the tax declaration after 90 days
without incurring tax;
b) The
taxpayer fails to submit the tax declaration dossier within 90 days after tax
is incurred but has fully paid the tax, late payment interest before the tax
authority announces the tax audit or tax inspection decision, or before the tax
authority issues the record on late submission of the tax declaration dossier.
Article 144. Actions against violations committed by
commercial banks and tax payment guarantors
1. The
commercial bank that fails to transfer outstanding tax from the taxpayer’s
account to the state budget account at the request of the tax authority shall
pay a fine equal to the outstanding tax, unless the taxpayer’s account balance
is not sufficient to fully pay the outstanding tax.
2. The
guarantor that fails to fulfill the guarantor’s obligations when the taxpayer
fails to pay tax shall fulfill the taxpayer’s obligations within the scope of
the guarantee agreement.
Article 145. Actions against violations committed by
relevant organizations and individuals in tax administration
1. The
relevant organizations and individuals mentioned in Clause 4 Article 2 of this
Law shall face administrative penalties or criminal prosecution, nature and severity
of the violations, if they collaborate with taxpayers in tax evasion or refuse
to implement tax enforcement decisions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 146. Penalties for administrative violations
against regulations on fees, charges and invoicing in tax administration
Penalties
for administrative violations against regulations on fees, charges and
invoicing in tax administration shall be imposed in accordance with regulations
of the Government.
Chapter XVI
FILING OF COMPLAINTS, DENUNCIATIONS,
LAWSUITS
Article 147. Complaints and denunciations
1.
Taxpayers, other organizations and individuals are entitled to file complaints
to competent authorities against an administrative decision or action of a tax
authority or tax official if they think such decision or action violates their
the lawful rights and interests.
2.
Individuals are entitled to denounce violations against tax laws committed by
taxpayers, tax officials, other organizations and individuals.
3.
Complaints and denunciations shall be settled in accordance with regulations of
law on complaints and denunciations.
Article 148. Filing lawsuits
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 149. Responsibilities and entitlements of tax
authorities in settlement of tax-related complaints
1. The
tax authority that receives the complaint is entitled to request the plaintiff
to provide supporting documents. If the plaintiff fails to provide such
documents, the tax authority is entitled to reject the complaint.
2. The
tax authority shall return the tax, late payment interest and fine incorrectly
collected to the taxpayer or the third party within 15 days from the receipt of
the handling decision from the complaint-settling authority.
3. If the
case is complicated, the head of the complaint-settling authority shall consult
with relevant organizations, in which case a counseling council shall be
established. The counseling council shall vote under the majority rule. The
voting result is the basis for the head of the tax authority to settle the
complaint. The head of the tax authority shall make the final decision and take
responsibility for such decision.
Chapter XVII
IMPLEMENTATION CLAUSES
Article 150. Addition of an Article to the Law No.
88/2015/QH13 on Accounting
Article
70a below is added after Article 70:
“Article
70a. Provision of tax services by tax agents
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 151. Effect
1. This
Law comes into force from July 01, 2020, except for the cases specified in
Clause 2 of this Article.
2.
Regulations on electronic documents and invoices of this Law come into force
from July 01, 2022; organizations and individuals are recommended to apply
regulations on electronic documents and invoices in this Law before July 01,
2022.
3.
The Law on Tax administration No. 78/2006/QH11, which is amended by Law No.
21/2012/QH13, Law No. 71/2014/QH13 and Law No. 106/2016/QH13, ceases to be
effect from the effective date of this Law, except for the cases specified in
Clause 1 Article 152 of this Law.
4.
Pursuant to provisions of the Law and relevant laws, the Government shall provide
for the application of regulations on tax collection of this Law to management
of the collection of other state budget revenues, and application of
regulations on tax administration to related-party transactions by related
enterprises.
Article 152. Grandfather clause
1.
Remission, cancellation of tax granted before July 01, 2020 shall be handled in
accordance with the Law on Tax administration No. 78/2006/QH11, which is
amended by the Law No. 21/2012/QH13, the Law No. 71/2014/QH13 and the Law No.
106/2016/QH13.
2. Tax
debts that are owed before the end of June 30, 2020 shall be handled in
accordance with this Law, except for the cases in Clause 1 of this Article.
This
Law is ratified by the 14th National Assembly of Socialist Republic
of Vietnam during its 7th session on June 13, 2019.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
PRESIDENT OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan