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MINISTRY
OF FINANCE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 40/2025/TT-BTC
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Hanoi,
June 13, 2025
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CIRCULAR
ON AMENDMENTS TO CERTAIN ARTICLES OF CIRCULARS IN THE FIELD
OF TAX ADMINISTRATION TO DEFINE THE AUTHORITY OF LOCAL GOVERNMENTS UNDER THE
TWO-LEVEL LOCAL GOVERNMENT ORGANIZATIONAL MODEL
Pursuant to the Law on
Organization of the Government dated February 18, 2025;
Pursuant to the Law on
Organization of Local Government 2025;
Pursuant to the Law on Tax
Administration dated June 13, 2019;
Pursuant to the Law on
amendments to the Law on Securities, the Law on Accounting, the Law on
Independent Audit, the Law on State Budget, the Law on Management and Use of
Public Property, the Law on Tax Administration, the Law on Personal Income Tax,
the Law on National Reserves, and the Law on Handling of Administrative
Violations dated November 29, 2024;
Pursuant to Resolution No.
190/2025/QH15 dated February 19, 2025 of the National Assembly on addressing
certain issues related to the reorganization of the State administrative
apparatus;
Pursuant to Decree No.
29/2025/ND-CP dated February 24, 2025 of the Government defining functions,
tasks, powers and organizational structure of the Ministry of Finance;
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The Minister of Finance hereby
promulgates this Circular on amendments to certain articles of Circulars in the
field of tax administration to define the authority of local governments under
the two-level local government organizational model.
Article 1.
Amendments to certain articles of Circular No. 80/2021/TT-BTC dated September
29, 2021 of the Minister of Finance on guidelines for the implementation of a
number of articles of the Law on Tax Administration and Decree No.
126/2020/ND-CP dated October 19, 2020 of the Government on elaboration of a
number of articles of the Law on Tax Administration
1. Amendments
to Article 1 are as follows:
“Article 1. Scope
This Circular provides guidelines
for revenues of the state budget managed by tax authorities as prescribed in
Articles 7, 28, 42, 59, 60, 64, 72, 73, 76, 80, 86, 96, 107, and 124 of the Law
on Tax Administration dated June 13, 2019 and Articles 30 and 39 of Decree No.
126/2020/ND-CP dated October 19, 2020 of the Government on elaboration of and
guidelines for a number of articles of the Law on Tax Administration (Decree
No. 126/2020/ND-CP) with respect to contents related to tax declaration
currency, tax payment in foreign currency and exchange rates; duties, powers,
and responsibilities of the commune-level tax advisory council; ; tax
declaration, tax calculation, tax liability allocation, tax declaration forms;
handling of late tax payment; handling of overpaid tax, late payment interest,
and penalties; applications for installment payment of tax arrears,
applications for tax payment deferral; procedures for tax refund,
classification and receipt of tax refund applications;applications for tax
exemption and reduction; applications for write-off of tax, late payment
interest, and penalties; collection, processing, and management of taxpayer
information; procedures for tax inspection dossiers; tax administration for
e-commerce activities, digital platform-based business, and other services
provided by overseas suppliers without permanent establishments in Vietnam; and
funding for tax collection authorization.”
2. Amendments
to Clause 1, Point b Clause 2, and Clause 3 Article 6 as follows:
“1. Composition of the Tax Advisory
Council includes:
a) President or Vice President of
the commune-level People’s Committee - Chairperson of the Council;
b) Tax official - Standing member;
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d) President of the commune-level
Vietnam Fatherland Front Committee - Member;
dd) Head of the commune-level
Police - Member;
e) Head of neighborhoods or
equivalent level - Member;
g) Head of market management board
- Member;
h) Representative of business
households and individual businesspersons in the locality - Member.
The President of the commune-level
People’s Committee shall decide the establishment of the Tax Advisory Council
with members as prescribed in this Clause.
b) Have at least 3 years of
business operation before joining the Tax Advisory Council. In cases where there are no business households or
individual businesspersons with at least 3 years of operation in the locality,
those with the longest period of operation shall be selected. Priority shall be given to representatives who
are heads or deputy heads of production and business sectors at commune-level
areas, markets, or trade centers.
The number of business households
and individual businesspersons participating in the Tax Advisory Council shall
not exceed 5 persons. The President of the
commune-level People’s Committee shall determine the number of participating
business households and individual businesspersons based on the number and
scale of business operations in the locality.”
3. Amendments
to Clause 1, Point b.2 Clause 3, and Clause 4 Article 7 as follows:
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“b.2) Add business households and
individual businesspersons so as to fit the number of operating business
households and individual businesspersons, or replace business households and
individual businesspersons that have ceased business in the commune-level
area;”
“4. Procedures for establishment of
the Tax Advisory Council
a) The commune-level Vietnam
Fatherland Front Committee shall propose, nominate, and send to the Tax Team
under the Regional Sub-department of Taxation a list of business households and
individual businesspersons to join the Tax Advisory Council. The Tax Team under the Regional Sub-department
of Taxation shall provide information on business households and individual
businesspersons according to the list for the commune-level Vietnam Fatherland
Front Committee to select.
b) The Head of the Tax Team shall,
based on the composition and list of participants in the Tax Advisory Council,
request the President of the commune-level People’s Committee to issue a
decision on establishment of the Tax Advisory Council as prescribed in this
Article (using Form No. 07-1/HDTV enclosed with Appendix I to this Circular).”
4. Amendments
to Clause 3 Article 9 are as follows:
“3. Working relations in providing
information and documents
The Tax Team under the Regional
Sub-department of Taxation shall provide information and documents to the Tax
Advisory Council within the competence of the Tax Advisory Council prescribed
in Article 10 of this Circular.”
5. Amendments
to Point dd Clause 2 Article 11 and Clause 4 Article 11 as follows:
“dd) Report in writing to the
President of the commune-level People’s Committee and the Head of the Tax Team
under the Regional Sub-department of Taxation in cases where an individual or
other members can no longer continue participating in the Tax Advisory
Council;”
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6. Amendments
to Point d Clause 5 Article 13 as follows:
“d) Accounting for state budget revenue
with respect to value-added tax already withheld by the State Treasury shall
comply with the principle that where a basic construction work arises in a
province or centrally-affiliated city, the value-added tax withheld by the
State Treasury shall be accounted into the budget revenue of that province or
centrally-affiliated city.
Where a work is located in multiple
provinces or centrally-affiliated cities, the project owner shall determine the
revenue exclusive of value-added tax of the work by province or
centrally-affiliated city and shall prepare payment vouchers according to the
form prescribed in Decree No. 11/2020/ND-CP dated January 20, 2020 of the
Government to send to the State Treasury for VAT withholding and budget revenue
accounting for each province or centrally-affiliated city. Where a work or construction item is located in
multiple provinces or centrally-affiliated cities but revenue of the work in
each province or centrally-affiliated city cannot be determined, after
determining 1% of the revenue exclusive of value-added tax of the work or
construction item, the value-added tax payable to each province or
centrally-affiliated city shall be determined based on the percentage (%) of
the investment value of the work in each province or centrally-affiliated city
over the total investment value.
Where the work is within the same
province or centrally-affiliated city (including: inter-commune/ward/special
zone works and works located in communes, wards, or special zones other than
the contractor’s head office location), the Regional Sub-department of Taxation
shall coordinate with the Department of Finance to advise the province-level
People’s Council and province-level People’s Committee to decide on allocation
and accounting of state budget revenue by commune-level area.”
7. Amendments
to certain information fields on forms as follows:
a) Replace the phrase “Phường/xã”
(Ward/commune) at Indicator [11a] of Form 01/GTGT; at Indicator [09a] and
Section II of Form 05/GTGT; at Indicator [11a] of Form 04/GTGT; at Indicator
[11a] of Form 01/TTDB; at Indicator [11a] of Form 02/TTDB; at Indicator [09a]
of Form 01/TAIN; at Indicator [09a] of Form 02/TAIN; at Indicator [11b] of Form
01/TBVMT; at Indicator [03a] of Form 01/MGTH; at Indicator [03a] of Form
06/MGTH; at Indicators [08], [09b] of Form 02/TNDN; at Indicator [09a] of Form
03-3B/TNDN; at Indicator [09a] of Form 03-3C/TNDN; at Indicator [09a] of Form
03-3D/TNDN; at Indicators [08], [09b] of Form 06/TNDN; at Indicator [41.4] of
Form 03/BDS-TNCN; at Column heading 4 of Form 03/TKTH-SDDPNN; at Indicator
[09a] of Form 01/PBVMT; at Indicator [09a] of Form 02/PBVMT; at Point 1.2.2
Section 1 of Form 01/LPTB with the phrase “Xã/ phường/đặc khu”
(Commune/ward/special zone).
b) Replace the word “huyện” (suburban
district) at Column heading 4 Point 2 Section I Part A of Form 01/KHBS; at
Indicator [07] of Form 01-2/GTGT; at Indicator [10] of Form 01-3/GTGT; at
Indicator [11] of Form 01-6/GTGT; at Indicator [11] of Form 01-3/TTDB; at
Indicator [07] of Form 01-1/TAIN; at Column heading 4 of Form 01-1/TBVMT; at
Column heading 4 of Form 01-2/TBVMT; at Column heading 4 of Form 03-8/TNDN; at
Column heading 4 of Form 03-8A/TNDN; at Indicator [07] of Form 03-8B/TNDN; at
Indicator [09] of Form 03-8C/TNDN; at Column heading 4 of Form 03-9/TNDN; at
Indicators [08a], [21a] of Form 05-1/PBT-KK-TNCN; at Column heading 09 of Form
01-1/QT-LNCL; at the issuing authority title in Form 07-1/HDTV; at the notes
section of the following forms: 01/GTGT,
01-2/GTGT, 01-3/GTGT, 01-6/GTGT, 05/GTGT, 04/GTGT, 01/TTDB, 01-3/TTDB, 02/TTDB,
01/TAIN, 02/TAIN, 01-1/TAIN, 01/TBVMT, 01-1/TBVMT, 01-2/TBVMT, 03-3B/TNDN,
03-3C/TNDN, 03-3D/TNDN, 03-8/TNDN, 03-8A/TNDN, 03-8B/TNDN, 03-8C/TNDN,
03-9/TNDN, 05-1/PBT-KK-TNCN, 01/PBVMT, 02/PBVMT, 01-1/QT-LNCL with the phrase
“Xã/ phường/đặc khu” (Commune/ward/special zone).
c) Replace the phrase “Xã/phường/thị
trấn” (Commune/ward/town) at the confirmation section of Form 02/SDDNN; at the
confirmation section of Form 01/MGTH; at the confirmation section of Form
06/MGTH; at the title of the Decision, Article 1 and Article 4 of Form
07-1/HDTV; at the issuing authority title of Form 07-2/HDTV; at the locality
name in Forms 07-3/HDTV, 07-4/HDTV,
07-5/HDTV, 07-6/HDTV, 07-7/HDTV with the phrase “Xã/phường/đặc khu” (Commune/ward/special
zone).
d) Replace the phrase “quận/huyện/thị
xã” (urban district/suburban district/district-level town) at Article 3 of Form
07-1/HDTV with the phrase “Xã/ phường/đặc khu” (Commune/ward/special zone).
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e) Annul the phrase “Quận/Huyện”
(urban district/suburban district) at Indicator [11b] of Form 01/GTGT; at
Indicator [09b] and Section II of Form 05/GTGT; at Indicator [09] of Form
02/GTGT; at Indicator [11b] of Form 04/GTGT; at Indicator [11b] of Form
01/TTDB; at Indicator [11b] of Form 02/TTDB; at Indicator [09b] of Form
01/TAIN; at Indicator [09b] of Form 02/TAIN; at Indicator [11c] of Form
01/TBVMT; at Indicators [08], [09c] of Form 02/TNDN; at Indicator [09b] of Form
03-3A/TNDN; at Indicator [09b] of Form 03-3B/TNDN; at Indicator [09b] of Form
03-3C/TNDN; at Indicator [09b] of Form 03-3D/TNDN; at Indicators [08], [09c] of
Form 06/TNDN; at Indicator [41.5] of Form 03/BDS-TNCN; at Indicators [10.5],
[17.5], [33.5] of Form 01/TK-SDDPNN; at Indicators [06.5], [11.5] of Form
02/TK-SDDPNN; at Indicator [06.3] and Column heading 5 of Form 03/TKTH-SDDPNN;
at Indicators [10.5], [17.5], [33.5] of Form 04/TK-SDDPNN; at Indicators
[06.5], [10.3] of Form 01/SDDNN; at Indicators [10.5], [16.5] of Form 02/SDDNN;
at Indicators [10.5], [16.3] of Form 03/SDDNN; at Indicators [10.5], [16.5] of
Form 01/TMDN; at Indicator [09b] of Form 01/PBVMT; at Indicator [09b] of Form
02/PBVMT; at Point 1.2.3 Section 1 of Form 01/LPTB; at Indicator [03b] of Form
01/MGTH; at Indicator [03b] of Form 06/MGTH.
g) Replace the phrase “Quận/Huyện”
(urban district/suburban district) at Indicator [08] of Form 01/LPTB; at
Indicators [10], [18] of Form 02/LPTB; at Indicators [14], [24] of Form
01/TK-VSP; at Indicator [07] of Form 01/KTTSBD; at Indicator [07] of Form
01-1/KTTSBD; at Indicators [11], [21] of Form 01-1/TNDN-VSP; at Indicators
[10], [20] of Form 01-1/PTHU-VSP; at Indicators [15], [23] of Form 01/LNCN-VSP;
at Indicators [10], [19] of Form 02/TAIN-VSP; at Indicators [07], [16] of Form
03/PTHU-DK; at Indicators [12], [20] of Form 02/LNCN-PSC; at Indicators [10],
[19] of Form 02/TNDN-DK; at Indicator [17] of Form 03/TNDN-DK; at Indicators
[07], [16] of Form 01/BCTL-DK; at Indicators [09], [17] of Form 01/TNS-DK; at
Indicators [10], [20] of Form 02/TNDN-VSP; at Indicators [05], [15] of Form
01/DCDB-VSP; at Indicators [09], [19] of Form 02/PTHU-VSP; at Indicators [12],
[20] of Form 02/LNCN-VSP; at Indicators [14], [23] of Form 01/TAIN-DK; at
Indicators [14], [23] of Form 01/TNDN-DK; at Indicators [12], [20] of Form
01/LNCN-PSC; at Indicators [07], [16] of Form 01/PTHU-DK; at Indicators [10],
[19] of Form 02/TAIN-DK; at Indicator [07], [16] of Form 02/PTHU-DK; at
Indicators [07], [15] of Form 02/KK-TNCN; at Indicators [07], [18] of Form
02/QTT-TNCN; at Indicators [09], [16], [23] of Form 03/BDS-TNCN; at Indicators
[07], [15], [32] of Form 04/CNV-TNCN; at Indicators [07], [15] of Form
04/DTV-TNCN; at Indicators [07], [18] of Form 04/NNG-TNCN; at Indicators [09],
[33] of Form 04/TKQT-TNCN; at Indicator [07] of Form 05/KK-TNCN; at Indicator
[08] of Form 05/QTT-TNCN; at Indicators [07], [15] of Form 06/TNCN; at
Indicator [07] of Form 07/THDK-NPT-TNCN; at Indicator [11] and Column heading 5
of Form 03/TKTH-SDDPNN; at Indicator [04] of Form 01/HT; at the issuing
authority title of Form 07-2/HDTV with the phrase “Xã/ phường/đặc khu”
(Commune/ward/special zone).
h) Replace the phrase “Phường/xã/
thị trấn” (Ward/commune/commune-level town) at Indicators [10.4], [17.4],
[33.4] of Form 01/TK-SDDPNN; at Indicators [06.4], [11.4] of Form 02/TK-SDDPNN;
at Indicator [06.2] of Form 03/TKTH-SDDPNN; at Indicators [10.4], [17.4],
[33.4] of Form 04/TK-SDDPNN; at Indicators [06.4], [10.2] of Form 01/SDDNN; at
Indicators [10.4], [16.4] of Form 02/SDDNN; at Indicators [10.4], [16.2] of
Form 03/SDDNN; at Indicators [10.4], [16.4] of Form 01/TMDN with the phrase
“Xã/ phường/đặc khu” (Commune/ward/special zone).
i) Replace the phrase “quận/huyện/tỉnh/thành
phố” (urban district/suburban district/province/city) at Column heading 3 of
Form 01/LPMB with the phrase “xã/phường/đặc khu/tỉnh/thành phố”
(commune/ward/special zone/province/city).
Article 2.
Amendments to Point b Clause 3 Section III of Circular No. 79/2000/TT-BTC dated
July 28, 2000 of the Minister of Finance on additional guidelines for exemption
or reduction of agricultural land use tax for flood-prone areas and
disadvantaged areas
“b. The
Tax Team under the Regional Sub-department of Taxation shall coordinate with
the commune-level Tax Advisory Council, based on regulations of the State and
of the Province-level People’s Committee and city directly under the central
government, to re-examine the accuracy and legality of the list of households
proposed by commune-level authorities for exemption or reduction of
agricultural land use tax, and consolidate reports to the Regional
Sub-department of Taxation.”
Article 3.
Amendments to certain points of Circular No. 09/2002/TT-BTC dated January 23,
2002 of the Minister of Finance on exemption or reduction of agricultural land
use tax from 2002 under Decision No. 199/2001/QD-TTg
1. Amendments
to Point 3.3 Section I as follows:
“3.3. For poor households that
register permanent residence in one commune, ward, special zone, but have
agricultural production land areas in other communes, wards, special zones
(including communes, wards, special zones of other provinces), if the land
areas under agricultural production in other communes, wards, special zones
have been declared for income calculation and the household has been identified
as a poor household at the place of permanent residence registration, then the
agricultural production land areas in other localities are also eligible for
tax exemption. For the purpose of
determining the declared land areas eligible for exemption, a poor household
must clearly declare the agricultural production land areas used for income
calculation when being identified as a poor household, with certification by
the commune-level People’s Committee at the place of permanent residence
registration regarding the declared areas. Based
on this certification, the exempt household shall submit an application
together with the declaration of agricultural production land areas certified
by the commune-level People’s Committee to the commune, ward, special zone
where the household’s agricultural production land is located as the basis for
implementing exemption of agricultural land use tax for the declared land areas
located in other localities.
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2. Amendments
to Section II as follows:
“II. PROCEDURES
AND COMPETENCE FOR SETTLEMENT OF TAX EXEMPTION OR REDUCTION:
1. At
communes, wards, special zones (hereinafter referred to as commune-level): Preparing lists of entities eligible for exemption
or reduction of agricultural land use tax:
1.1. Taxpayers of agricultural land
use tax under management of communes, wards, special zones:
a) The Tax Team under the Regional
Sub-department of Taxation shall coordinate with the commune-level Tax Advisory
Council and shall:
- Based
on the list of exceptionally disadvantaged communes in mountainous, remote and
isolated areas under regulations of the Government, decisions of the Prime
Minister, or of authorities or persons assigned, delegated, or authorized by
the Government or the Prime Minister, prepare the list of households eligible
for consideration of exemption of agricultural land use tax in villages/hamlets
and communes, wards, special zones using Form No. 01/MT enclosed with this
Circular;
- Based
on the poverty standards under regulations of the Government, decisions of the
Prime Minister, specific regulations of the Province-level People’s Committee
on local poverty standards, and the list of poor households approved by
competent authorities, prepare the list of poor households eligible for
consideration of exemption of agricultural land use tax using Form No. 02/MT
enclosed with this Circular;
- The
lists of entities eligible for consideration of exemption or reduction shall be
publicly posted at the commune-level People’s Committee and other convenient
locations for the public to be informed and to monitor.
After 10 days of posting, if there are no questions raised, the Tax Team
under the Regional Sub-department of Taxation shall consolidate the lists of
taxpaying households eligible for consideration of exemption or reduction of
agricultural land use tax as mentioned above for submission to the
commune-level People’s Committee;
- When
preparing the lists of entities proposed for exemption or reduction as above,
taxpayers that are enterprises, cooperatives, and socio-economic organizations
shall be listed separately.
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- After
fully examining entities eligible for exemption or reduction of agricultural
land use tax, prepare a submission on the number of entities and the amount of
tax proposed for exemption or reduction (according to detailed forms enclosed)
for submission to the Province-level People’s Committee for approval;
- Notify
each taxpayer of the decision on exemption or reduction of agricultural land
use tax after a decision on exemption or reduction is issued by the competent
authority;
- Coordinate
with the Tax Team under the Regional Sub-department of Taxation to handle
issues and complaints regarding taxes in the locality.
1.2. Taxpayers that are state-owned
enterprises and socio-economic organizations engaged in agricultural
production:
The tax authority directly managing
them shall prepare the tax roll and collect taxes, and shall prepare
applications for exemption or reduction of agricultural land use tax for these
entities.
1.3. The Tax Team under the
Regional Sub-department of Taxation shall coordinate with the commune-level Tax
Advisory Council, based on regulations of the State and of the Province-level
People’s Committee and centrally-affiliated city, to re-examine the accuracy
and legality of the lists and proposed levels of exemption or reduction of agricultural
land use tax for each household, and shall consolidate reports to the
Province-level People’s Committee and centrally-affiliated city while also
sending them to the Regional Sub-department of Taxation for progress tracking
and consolidation. The list of households
identified as poor households must bear certification by the specialized body
assigned by the commune-level People’s Committee.
2. At
provinces and centrally-affiliated cities:
The Regional Sub-department of
Taxation shall:
- Examine
and consolidate reports from communes, wards, special zones; submit to the
Province-level People’s Committee and centrally-affiliated city for
consideration and decision on exemption or reduction of agricultural land use
tax for entities in the locality;
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* In order to promptly implement
exemption or reduction of agricultural land use tax under this Circular, the
Province-level People’s Committee and centrally-affiliated city shall decide on
exemption or reduction of agricultural land use tax, or may authorize the
commune-level People’s Committee to decide. Where
authorization is given to the commune-level People’s Committee to decide, the
Tax Team under the Regional Sub-department of Taxation shall coordinate with
the commune-level Tax Advisory Council to submit to the commune-level People’s
Committee for decision, and simultaneously send such decision to the Regional Sub-department
of Taxation and the Province-level People’s Committee and centrally-affiliated
city for reporting.”
Article 4.
Amendments to certain articles of Circular No. 153/2011/TT-BTC dated November
11, 2011 of the Minister of Finance on non-agricultural land use tax
1. Amendments
to the title of Point d Clause 1.4 Article 5 as follows:
“d) Where a taxpayer has multiple
residential land parcels within one province, the taxpayer may select only one
land parcel at one commune, ward, or special zone where land use rights are
held as the basis for determining the residential land quota for tax
calculation, in which:”
2. Amendments
to Clause 1.2 Article 8 are as follows:
“1.2. Where a taxpayer has taxable
land in multiple communes, wards, or special zones within one (1) province, tax
payable shall be determined for each land parcel by the tax authority where the
taxable land is located; If the taxpayer has a land parcel exceeding the
residential land quota or the total taxable land area exceeds the residential land
quota at the place where the land use rights are held, the taxpayer must file a
consolidated tax return with the tax authority selected by the taxpayer as
prescribed in Article 16 of this Circular.”
3. Amendments
to Points a.1, a.2, a.3, a.4, a.5 Clause 2.2 Article 16 as follows:
“a.1) Where a taxpayer has land use
rights over one (1) land parcel or multiple land parcels in the same commune,
ward, or special zone but the total taxable land area does not exceed the
residential land quota at the place where the land use rights are held, the
taxpayer shall prepare a tax return for each land parcel and submit it to the
commune-, ward-, or special zone-level People’s Committee, and shall not
prepare a consolidated tax return.
a.2) Where a taxpayer has land use
rights over multiple residential land parcels in different communes, wards, or
special zones but none of the land parcels exceeds the residential land quota
and the total taxable land area does not exceed the residential land quota at
the place where the land use rights are held, the taxpayer shall prepare a tax
return for each land parcel, submit it to the commune-level People’s Committee
where the taxable land is located, and shall not prepare a consolidated tax
return.
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a.4) Where a taxpayer has land use
rights over multiple residential land parcels in different communes, wards, or
special zones and only one (1) land parcel exceeds the residential land quota
at the place where the land use rights are held, the taxpayer shall prepare a
tax return for each land parcel, submit it to the commune-level People’s
Committee where the taxable land is located, and shall prepare a consolidated
tax return with the Tax Team under the Regional Sub-department of Taxation
where the land parcel exceeding the quota is located.
a.5) Where a taxpayer has land use
rights over multiple residential land parcels in communes, wards, or special
zones and there exists any land parcel exceeding the residential land quota at
the place where the land use rights are held, the taxpayer shall prepare a tax
return for each land parcel and submit it to the commune-level People’s
Committee where the taxable land is located; concurrently, select the Tax Team
under the Regional Sub-department of Taxation where the land exceeding the
quota is located to file the consolidated tax return.”
Article 5.
Amendments to Point e.2 Clause 1 Article 3 of Circular No. 111/2013/TT-BTC
dated August 15, 2013 of the Minister of Finance on implementation of the
Personal Income Tax Law, the Law on amendments to a number of articles of the
Personal Income Tax Law, and Decree No. 65/2013/ND-CP of the Government on
elaboration of a number of articles of the Personal Income Tax Law and the Law
on amendments to a number of articles of the Personal Income Tax Law
“e.2) Actual residence in the
locality where agricultural, forestry, salt production, aquaculture, or fishing
activities take place.
The locality where agricultural,
forestry, salt production, or aquaculture activities take place as guided
herein is a commune, ward, or special zone, or a commune, ward, or special zone
adjacent to the place where production activities take place.”
Article 6.
Amendments to Point dd Clause 2 Article 5 of Circular No. 84/2016/TT-BTC dated
June 17, 2016 of the Minister of Finance on procedures for collection and
payment to the state budget for taxes and domestic revenues
“dd) Provide information on taxes
collected by managing authority, ensuring sufficient information for accounting
and debt offset for taxpayers, and correctly recording the taxpayer’s payment
date; provide figures on domestic revenues not under tax authority management
in the locality so that the co-level tax authority can consolidate domestic
revenues by commune-level/province-level; conduct reconciliation of domestic
revenue figures with the tax authority prior to closing the monthly and annual
state budget accounting books.”
Article 7.
Amendments to certain articles of Circular No. 19/2021/TT-BTC dated March 18,
2021 of the Minister of Finance on electronic transactions in the field of
taxation
1. Amendments
to Clause 2 Article 14 are as follows:
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2. Amendments
to Point a Clause 2 Article 35 as follows:
“a) For applications for which the
tax authority must return results (including applications for enterprise
registration and cooperative registration; applications for change of head office
to another commune, ward, or special zone resulting in a change of managing tax
authority; applications for dissolution of enterprises or cooperatives;
termination of operation of branches, representative offices, or business
locations) to the business registration and cooperative registration authority
via the National Information System on enterprise and cooperative registration:
The tax authority shall, based on
information on the Tax Registration Information System transmitted by the
National Information System on enterprise and cooperative registration and the
provisions of Circular No. 86/2024/TT-BTC, process and return results to the
business registration and cooperative registration authority via the National
Information System on enterprise and cooperative registration within the
prescribed time limit. At the same time, the
tax authority shall update the taxpayer’s information into the Tax Registration
Information System. The business registration
and cooperative registration authority shall return results to the taxpayer in
accordance with the Enterprise Law, the Law on Cooperatives, the Law on Credit
Institutions, and the implementing documents.”
Article 8.
Amendments to certain articles of Circular No. 40/2021/TT-BTC dated June 1,
2021 of the Minister of Finance on value-added tax, personal income tax, and
tax administration for business households and individual businesspersons
1. Amendments
to Points c and d Clause 1; Points a, b, and dd Clause 5; Points b.1 and b.2
Clause 9 Article 13 as follows:
“c) Opinions of the commune-level
Tax Advisory Council;
d) Results of public disclosure and
receipt of feedback from the Tax Advisory Council, the People’s Committee, the
People’s Council, the Vietnam Fatherland Front Committee at commune level, presumptive
tax households, and other organizations and individuals.
Public disclosure of presumptive
tax household information means the tax authority publicly discloses and
receives feedback on revenue and presumptive tax amounts for presumptive tax
households as prescribed. The first
public disclosure under Clause 5 of this Article is for reference and
collection of opinions on expected revenue and expected presumptive tax; and
the second public disclosure under Clause 9 of this Article is for reference and
collection of opinions on the official revenue and presumptive tax payable for
the tax year. Public disclosure includes: posting paper disclosures in the locality; direct
delivery to presumptive tax households; direct delivery to the commune-level
People’s Council, People’s Committee, and Vietnam Fatherland Front Committee;
disclosure on the tax authority’s web portal.”
“a) The Tax Team under the Regional
Sub-department of Taxation shall make the first public disclosure at the
one-stop section or at the office of the Tax Team under the Regional
Sub-department of Taxation, the office of the commune-level People’s Committee,
and the office of the market management board; the posting location shall be at
the door, gate, or another convenient place for access to information so that
the public and presumptive tax households can supervise; The period of the
first disclosure shall be from December 20 to December 31 annually.
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dd) The Tax Team under the Regional
Sub-department of Taxation shall consolidate feedback on the content of the
first public disclosure from the public, taxpayers, the commune-level People’s
Council, and the commune-level Vietnam Fatherland Front Committee to review
adjustments and additions to managed entities, expected revenue, and expected
tax amounts before consulting the Tax Advisory Council.”
“b) At the level of the Tax Team
under the Regional Sub-department of Taxation
b.1) The Tax Team under the
Regional Sub-department of Taxation shall make the second public disclosure
before January 30 annually at the one-stop section or at the office of the Tax
Team under the Regional Sub-department of Taxation, the office of the
commune-level People’s Committee, and the office of the market management
board; the posting location shall be at the door, gate, or another convenient
place for access to information so that the public and presumptive tax
households can supervise.
b.2) The Tax Team under the
Regional Sub-department of Taxation shall send second-disclosure materials to
the commune-level People’s Council and Vietnam Fatherland Front Committee no
later than January 30, clearly stating the address and time during which the
Tax Team under the Regional Sub-department of Taxation receives feedback (if
any) from the commune-level People’s Council and Vietnam Fatherland Front
Committee.”
2. Amendments
to certain information fields on forms as follows:
a) Annul the phrase “Quận/Huyện/Thị
xã/ Thành phố thuộc tỉnh” (urban district, suburban district, district-level
town, and provincial city at Indicators [12d], [13c], [18g.3], [18h.3] of Form
01/CNKD; at Indicators [12g.3], [12h.3] of Form 01/TTS; at Indicators [06c],
[10g.3], [10h.3] of Form 01/TKN-CNKD.
b) Replace the phrase “Phường/Xã/Thị
trấn” (ward/commune/commune-level town) at Indicators [12c], [13b], [18g.2],
[18h.2] of Form 01/CNKD; at Indicators [12g.2], [12h.2] of Form 01/TTS; at
Indicators [06b], [10g.2], [10h.2] of Form 01/TKN-CNKD with the phrase “Xã/phường/đặc
khu” (commune/ward/special zone).
Article 9.
Amendments to certain articles of Circular No. 111/2021/TT-BTC dated December
14, 2021 of the Minister of Finance on accounting for domestic tax operations
1. Amendments
to Clause 2 Article 20 are as follows:
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a) Where the code of the revenue-collecting
authority is the Regional Sub-department of Taxation, the Sub-department of
Taxation for Large Enterprises, or the Sub-department of Taxation for
E-commerce, the administrative area code shall be identified at province level.
b) Where the code of the
revenue-collecting authority is the Regional Sub-department of Taxation, the
Sub-department of Taxation for Large Enterprises, the Sub-department of
Taxation for E-commerce, or the Tax Team under the Regional Sub-department of
Taxation, and the revenue item falls under the list of revenues accounted at
commune level as prescribed by the State Treasury, the administrative area code
shall be identified at commune level.
c) Where the code of the
revenue-collecting authority is the Sub-department of Taxation for E-commerce
and the state budget revenue relates to overseas suppliers without permanent
establishments in Vietnam, the administrative area code shall be identified at
central level.”
2. Annul
the phrase “địa bàn hành chính cấp huyện” at Point 5.4, Section III of Appendix
V.
Article 10.
Amendments to certain articles of Circular No. 86/2024/TT-BTC dated December
23, 2024 of the Minister of Finance on tax registration
1. Amendments
to the title of Point b Clause 1 Article 7 as follows:
“b) Cooperative groups, other
organizations, and dependent units prescribed at Points b, c, n Clause 2
Article 4 of this Circular shall submit first-time tax registration
applications at the Regional Sub-department of Taxation where the organization
is headquartered for organizations established under decisions of central
authorities and province-level authorities; at the Tax Team under the Regional
Sub-department of Taxation where the organization is headquartered for
organizations not established under decisions of central authorities and
province-level authorities and for cooperative groups.”
2. Amendments
to Clause 2 Article 10 are as follows:
“2. Change of tax registration
information resulting in a change of directly managing tax authority
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a.1) The taxpayer shall submit a
change application to the directly managing tax authority (the tax authority at
the place of departure) to complete tax procedures before registering the head
office address change with the business registration authority.
The dossier submitted to the tax
authority at the place of departure includes: the
Declaration of adjustment and supplementation of tax registration information
Form No. 08-MST enclosed with this Circular.
a.2) After receiving the Notice of
taxpayer relocation Form No. 09-MST enclosed with this Circular from the tax
authority at the place of departure, the taxpayer shall register the head
office address change with the business registration authority in accordance
with regulations on enterprise registration, cooperative registration, and
business registration.
b) Taxpayers subject to direct tax
registration with the tax authority as prescribed at Points a, b, c, d, dd, h,
n Clause 2 Article 4 of this Circular who change head office address resulting
in a change of directly managing tax authority shall proceed as follows:
b.1) At the tax authority at the
place of departure
The taxpayer shall submit a tax
registration information change dossier to the directly managing tax authority
(the tax authority at the place of departure). The
dossier is as follows:
- For
taxpayers prescribed at Points a, b, c, dd, h, n Clause 2 Article 4 of this
Circular, comprising:
+ The Declaration of adjustment and
supplementation of tax registration information Form No. 08-MST enclosed with
this Circular;
+ A copy of the Establishment and
Operation License, or an equivalent document issued by a competent authority
where the address stated on such documents has changed.
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b.2) At the tax authority at the
place of arrival
b.2.1) The taxpayer shall submit
the tax registration information change dossier to the tax authority at the
place of arrival within 10 (ten) working days from the date the tax authority
at the place of departure issues the Notice of taxpayer relocation Form No.
09-MST enclosed with this Circular. Specifically:
- Taxpayers
prescribed at Points a, b, d, dd, h Clause 2 Article 4 of this Circular (except
cooperative groups) shall submit the dossier to the Regional Sub-department of
Taxation at the new head office.
- Taxpayers
being cooperative groups as prescribed at Point b Clause 2 Article 4 of this
Circular shall submit the dossier to the Tax Team under the Regional
Sub-department of Taxation at the new head office.
- Taxpayers
prescribed at Points c, n Clause 2 Article 4 of this Circular shall submit the
dossier to the Regional Sub-department of Taxation where the taxpayer is
headquartered (for organizations established under decisions of central
authorities and province-level authorities); to the Tax Team under the Regional
Sub-department of Taxation where the organization is headquartered (for organizations
not established under decisions of central authorities and province-level
authorities).
b.2.2) The tax registration
information change dossier comprises:
- The
Written registration of relocation at the tax authority at the place of arrival
Form No. 30/DK-TCT enclosed with this Circular.
- A
copy of the Establishment and Operation License, or an equivalent document
issued by a competent authority where the address stated on such documents has
changed.”
3. Amendments
to the title of Clause 2 and the title of Clause 3 Article 25 as follows:
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“3. Households and individual
businesspersons prescribed at Point i Clause 2 Article 4 of this Circular that
change head office address resulting in a change of directly managing tax
authority”
4. Amendments
to certain information fields on forms as follows:
a) Annul the phrase “Quận/Huyện/Thị xã/Thành phố
thuộc tỉnh/Thành phố thuộc thành phố trực thuộc trung ương” (urban district,
suburban district, district-level town, and provincial city,
centrally-affiliated city) at Indicators [3c], [4c], [14e], [14g] and in the
filing instructions of Form 01-DK-TCT; at Indicators [3c], [4c], [14e], [14g]
and in the filing instructions of Form 02-DK-TCT; at Indicators [6], [7]
Section I, Indicators [2], [3] Section III and in the filing instructions of
Form 03-DK-TCT; at Indicators [3.5], [3.6] of Form 05-DK-TCT.
b) Annul the phrase “Quận/huyện” (urban district,
suburban district) in Form BK03-DK-TCT; at Indicators [5c], [12d] of Form
04-DK-TCT; at Indicators [4c], [5c] of Form 04.1-DK-TCT; at Column headings
(13) and (18) of Form 05-DK-TH-TCT; at Indicator [2c] of Form 06-DK-TCT; in
Form 09-MST; at Column headings (12) and (16) of Form 20-DK-TH-TCT; and in Form
41/UQ-DKT.
c) Replace the phrase “Quận/huyện”
(urban district, suburban district) in Forms BK04-DK-TCT,
BK05-DK-TCT, and 04.1-DK-TCT-BK with the phrase “Xã/phường/đặc khu”
(Commune/ward/special zone).
d) Replace the phrase “Phường/xã/
thị trấn” (ward/commune/commune-level town) at Indicators [3b], [4b], [14e],
[14g] and in the filing instructions of Form 01-DK-TCT; at Indicators [3b], [4b],
[14e], [14g] and in the filing instructions of Form 02-DK-TCT; at Indicators
[6], [7] Section I, Indicators [2], [3] Section III and in the filing
instructions of Form 03-DK-TCT; at Indicator [3.5], [3.6] of Form 05-DK-TCT;
and in Form 15/BB-XMHD with the phrase “Xã/phường/đặc khu”
(Commune/ward/special zone).
dd) Replace the phrase “Phường/xã”
(Ward/commune) in Form BK03-DK-TCT; at Indicators [5b], [12d] of Form
04-DK-TCT; at Indicators [4b], [5b] of Form 04.1-DK-TCT; at Indicator [2b] of
Form 06-DK-TCT; in Form 09-MST; and the phrase “xã, phường” at Column headings
(12), (17) of Form 05-DK-TH-TCT; Column headings (11), (15) of Form
20-DK-TH-TCT; and in Form 41/UQ-DKT with the phrase “Xã/phường/đặc khu”
(Commune/ward/special zone).
Article 11. Entry
into force
1. This
Circular comes into force as of July 1, 2025.
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3. Upon
rearrangement of the state organizational apparatus, the names of authorities
and titles with competence prescribed in this Circular shall be converted to
the names of the authorities and titles that assume the relevant functions,
duties, and powers.
4. Where
legislative documents referred to in this Circular are amended or replaced, the
amended or replaced documents shall apply.
Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Finance
for guidance./.
PP. MINISTER
DEPUTY MINISTER
Le Tan Can