THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
35/2001/PL-UBTVQH10
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Hanoi,
May 19, 2001
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ORDINANCE
ON INCOME TAX ON HIGH-INCOME EARNERS
In order to contribute to realizing social
justice and to mobilize part of incomes of high-income earners for the State
budget;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly at its eighth
session on the 2001 law- and ordinance-making program;
This Ordinance prescribes income tax on high-income earners.
Chapter I
GENERAL PROVISIONS
Article 1.- Vietnamese
citizens living in the country or working, laboring in foreign countries and
other individuals residing in Vietnam and having incomes; foreigners working in
Vietnam and having incomes shall all have to pay income tax according to the
provisions of this Ordinance.
Article 2.- Incomes
subject to income tax include:
1. Regular incomes in the forms of salaries,
wages, allowances, bonuses; incomes outside salaries and wages, which are paid
for engagement in production, business and services activities not subject to
enterprise income tax, except for those incomes specified in Article 3 of this
Ordinance.
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a/ Gifts, presents in kind sent from abroad;
b/ Technology transfer, copyright over
inventions, marks, technical know-hows, construction technical designs,
industrial designs and other services, except cases of donation thereof;
c/ Lottery prizes.
Article 3.-
1. To temporarily not
collect tax on incomes which are interests on bank deposits, interests on
savings, interests on treasury bonds, government bonds, bills and shares.
2. Incomes not subject to income tax include:
a/ Night-shift allowances; allowances for
hazardous and dangerous occupations; region allowances; seniority allowances
for armed force personnel; special allowances for those working in a number of
offshore islands and border areas with exceptionally difficult living
conditions; job attraction allowances; working trip allowances; food ration
expenses and special allowances for a number of branches and occupations
according to the State-prescribed regime; various allowances for State
officials and employees, and other allowances from the State budget;
b/ Monetary rewards for technical modifications,
inventions and innovations, national and international prizes, monetary rewards
accompanying the State-conferred titles, monetary rewards or other preferential
treatments from the State budget;
c/ Social allowances, insurance indemnities,
severance allowances, and allowances for transfer to work at production units
as provided for by law;
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e/ Incomes earned in Vietnam by foreigners who
are considered not residing in Vietnam for less than 30 days;
f/ Social insurance and medical insurance
premiums paid from salaries and wages according to law provisions.
Article 4.- In cases
where international treaties which Vietnam has signed or acceded to contain
provisions different from those of this Ordinance regarding the income tax
payment, the provisions of such international treaties shall apply.
Article 5.- Individuals
liable to income tax shall be obliged to pay fully their income taxes in
accordance with the provisions of this Ordinance.
Article 6.- All acts of
tax evasion, tax delay and other acts of violating this Ordinance are strictly
forbidden.
Article 7.- All State
agencies, social organizations, people�s armed force units and citizens shall have to supervise and
assist tax offices and tax officials in their task of collecting income tax.
Chapter II
BASES FOR TAX
CALCULATION AND TAX RATES
Article 8.- Bases for
tax calculation are the taxable incomes and the tax rates.
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Foreigners shall be considered as residing in
Vietnam if they stay in Vietnam for 183 days or more in the period of 12 months
from the date they arrive in Vietnam; and shall be considered as not residing
in Vietnam if they stay in Vietnam less than 183 days in the same period.
Article 10.- The
partially progressive tax rates applicable to regular incomes are prescribed
below:
1. For Vietnamese citizens and other individuals
residing in Vietnam:
Calculation unit: VND 1,000
Level
Average
monthly income/person
Tax rates
(%)
1
Up to 3,000
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2
Over 3,000 to 6,000
10
3
Over 6,000 to 9,000
20
4
Over 9,000 to 12,000
30
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Over 12,000 to 15,000
40
6
Over 15,000
50
For individuals who, after paying income taxes
at the rates prescribed in this table, still have a remaining average income of
over VND 15,000,000/month, they shall have to pay a surtax of 30% of the amount
exceeding VND 15,000,000.
2. For foreigners residing in Vietnam and
Vietnamese citizens laboring or working abroad:
Calculation unit:
VND 1,000
Level
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Tax rates
(%)
1
Up to 8,000
0
2
Over 8,000 to 20,000
10
3
Over 20,000 to 50,000
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4
Over 50,000 to 80,000
30
5
Over 80,000 to 120,000
40
6
Over 120,000
50
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Article 11.- The
taxable irregular income is the income an individual earns each time, which is
over VND 2,000,000 as prescribed in Clause 2, Article 2 of this Ordinance.
Article 12.-
1. The partially
progressive tax rates applicable to irregular incomes, except for the cases
specified in Clauses 2, 3 and 4 of this Article, are prescribed below:
Calculation unit:
VND 1,000
Level
Income for
each time of earning
Tax rates
(%)
1
Up to 2,000
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2
Over 2,000 to 4,000
5
3
Over 4,000 to 10,000
10
4
Over 10,000 to 20,000
15
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Over 20,000 to 30,000
20
6
Over 30,000
30
2. Income from technology transfer, which is
over VND 2,000,000 for each transfer, shall be taxed at the rate of 5% of the
total income.
3. Income from lottery prizes, which is over VND
12,500,000 for each winning, shall be taxed at the rate of 10% of the total
income.
4. Income in the forms of gifts and presents in
kind sent from abroad, which is over VND 2,000,000 per sending, shall be taxed
at the rate of 5% of the total income.
Article 13.- Incomes in
kind or in foreign currencies must be converted into Vietnam dong for use as
basis for tax calculation.
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The incomes in foreign currencies shall be
calculated at the average exchange rate on the inter-bank foreign currency
market announced by the State Bank of Vietnam at the time of their generation.
Chapter III
TAX DECLARATION AND
PAYMENT
Article 14.- Income tax
on regular incomes shall be calculated on the average monthly basis for the
year. Temporary tax declaration and payment shall be made every month. At the
year�s end or upon
the expiry of the contractual term, all taxable incomes must be summed up and
the final settlement thereof must be carried out with the tax offices not later
than February 28 of the subsequent year or 30 days as from the expiry of the
contractual term.
Foreigners liable to income tax shall have to
produce receipts for payment of income taxes before leaving Vietnam.
Article 15.- Income tax
on irregular incomes shall be paid for each time of income generation.
Article 16.- Income tax
payers shall have to declare and pay taxes in full and on time according to the
regulations of the Ministry of Finance.
Article 17.- The
Ministry of Finance shall organize the collection of income tax. Organizations
and individuals that pay incomes shall have to withhold payable income tax
before paying the incomes
Organizations and individuals that pay incomes
and withhold income tax therefrom shall enjoy from 0.5% to 1% of the tax amount
already paid into the State budget according to the regulations of the Ministry
of Finance.
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1. Fully declare to the tax offices the number
of tax payers in their units, and their taxable regular and irregular incomes;
2. Keep accounting books and records related to
the taxable incomes of those to whom the units pay incomes, and produce them at
the request of the tax offices;
3. Receive the tax payers declarations and
submit them to the tax offices;
4. Withhold the payable income taxes, inform
each tax payer thereof, and pay them into the State budget according to
regulations.
Article 19.- The tax
offices shall have the following tasks and powers:
1. Guiding, inspecting and urging the income tax
declaration, calculation and payment.
2. Opening tax books, collecting income tax and
issuing receipts for the payment thereof.
3. Making written records of, administratively
sanctioning according to competence or proposing the penal liability
examination of, violations of the Ordinance on Income Tax on High-Income
Earners.
4. Considering and settling complaints and
denunciations about income tax.
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TAX REDUCTION AND
EXEMPTION
Article 20.-
1. In cases where their
lives are affected by natural calamities, enemy sabotage or accidents, the tax
payers shall be considered for income tax reduction or exemption.
2. Tax payers shall be considered for income tax
reduction or exemption in a number of special cases prescribed by the
Government.
The Government shall specify the income tax
reduction and exemption.
Chapter V
HANDLING OF VIOLATIONS
AND COMMENDATION
Article 21.- The
handling of violations of the Ordinance on Income Tax on High-Income Earners is
prescribed as follows:
1. Individuals and organizations that fail to
observe the regulations on the income tax declaration procedures and on the
opening of accounting books as well as making records on income tax, and fail
to withhold income tax amounts as prescribed, shall be sanctioned for
tax-related administrative violations;
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3. Individuals and organizations that pay tax or
fines later than the prescribed payment date or the date determined in the
tax-related handling decisions shall, apart from having to pay the full tax or
fine amounts, have to pay a fine of 0.1% of the delayed amount for each day of
delayed payment;
4. Individuals and organizations that fail to
pay tax or fines according to tax notices or tax-related handling decisions
shall be dealt with as follows:
a/ Deductions shall be made from their money
deposited at the treasuries or credit institutions for payment of the tax or
fines. The treasuries or credit institutions shall have to make such deductions
from the deposit accounts of the concerned organizations or individuals for
payment of tax or fines into the State budget before recovering debts;
b/ Inventory of their assets according to law
provisions to ensure the payment of outstanding tax and/or fine amounts.
Article 22.- Competence
to handle violations specified in Article 21 of this Ordinance is prescribed as
follows:
1. The heads of the tax offices that directly
manage the tax collection shall have the right to handle the tax payers
violations specified in Clauses 1, 2 and 3, Article 21 of this Ordinance.
2. The directors of the provincial/municipal Tax
Departments and district Tax Sub-Departments that directly manage the tax
collection may apply the handling measures specified in Clause 4, Article 21 of
this Ordinance and, for cases of violation specified in Clause 2, Article 21 of
this Ordinance, transfer the dossiers to competent bodies for handling
according to law provisions.
Article 23.-
Individuals that obstruct or instigate other persons to obstruct the
enforcement of this Ordinance, or obstruct the investigation and handling of
violations of this Ordinance shall, depending on the nature and seriousness of
their violations, be administratively sanctioned or examined for penal
liability according to law provisions.
Article 24.-
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2. Tax officials or other individuals who abuse
their positions and powers to cover up violators, deliberately act contrarily
or lack responsibility in the implementation of this Ordinance shall, depending
on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability according to law
provisions.
3. Tax officials who, due to their lack of responsibility
or deliberate wrong handling acts, cause losses to tax payers or handled
persons, shall have to pay compensation to the loss sufferers.
Article 25.- The
Government shall prescribe the commendation and reward regime for:
1. Tax offices and tax officials that have well
fulfilled their assigned tasks.
2. Those who make merits in discovering cases of
violation of the Ordinance on Income Tax on High-Income Earners.
Chapter VI
COMPLAINTS, STATUTE OF
LIMITATIONS
Article 26.-
Organizations and individuals may lodge complaints about the improper
applications of the Ordinance on Income Tax on High-Income Earners to them.
Written complaints must be sent to the tax
offices that directly manage the complainants or have decided on the handling
measures within 30 days after the date of receipt of the deduction notices, tax
notices, collection orders or handling decisions.
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The agencies that receive the written complaints
shall have to consider and settle them within 15 days after the date of receipt
of the complaints; for complicated cases, such time limit may be prolonged but
must not exceed 30 days as from the date of receipt of the complaints; if the
cases do not fall under their handling competence, they shall have to transfer
the dossiers thereof or report them to the competent bodies for settlement and
inform the complainants thereof within 10 days as from the date of receipt of
the complaints.
Article 27.- In cases
where the complainants disagree with the decisions of the complaint-receiving
agencies or where the complaint-receiving agencies fail to settle their complaints
within the time limit specified in Article 26 of this Ordinance, they may lodge
complaints to the immediate superior agencies of the complaint-receiving
agencies.
Article 28.- The tax
offices shall have to return tax amounts or fines that have been improperly
collected and pay compensation, if any, within 15 days as from the date of
receipt of the handling decisions from their superiors or the competent
agencies according to law provisions.
Article 29.- Where it
is discovered and concluded that there has been false declaration for tax
evasion or a mistake in tax calculation, the tax offices shall have to
retrospectively collect the tax, fines or return the paid tax amounts within 5
years from the date the false declaration for tax evasion or the mistake in tax
calculation is examined and discovered. Where individuals fail to register,
declare and pay tax, the time limit for the retrospective collection of tax and
fines shall start from the time the taxable income is generated.
Chapter VII
ORGANIZATION OF
IMPLEMENTATION
Article 30.- The
Government shall direct the organization of the income tax-related work
throughout the country.
In case of a market price fluctuation of 20% or
more, the Government shall propose the Standing Committee of the National
Assembly to adjust the monetary levels in the income tax rate table to
appropriate levels.
Article 31.- The
Minister of Finance shall have to organize and supervise the income tax-related
work throughout the country; settle income tax-related complaints and proposals
falling under his/her competence.
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Chapter VIII
IMPLEMENTATION
PROVISIONS
Article 33.- This
Ordinance takes effect as from July 1, 2001.
This Ordinance replaces the May 19, 1994
Ordinance on Income Tax on High-Income Earners, which was amended by the February
6, 1997 Ordinance Amending a Number of Articles of the Ordinance on Income Tax
on High-Income Earners and the June 30, 1999 Ordinance Amending a Number of
Articles of the Ordinance on Income Tax on High-Income Earners.
All the previous provisions contrary to this
Ordinance are hereby annulled.
Article 34.- The
Government shall detail and guide the implementation of this Ordinance.
ON BEHALF OF THE STANDING
COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh
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