Are households conducting aquaculture affected by Typhoon Yagi in Vietnam entitled to a deadline extension for value-added tax payment?

Are households conducting aquaculture affected by Typhoon Yagi in Vietnam entitled to a deadline extension for value-added tax payment?

Pursuant to point a, clause 1, Article 3 of Decree 64/2024/ND-CP which stipulates the subjects eligible for deadline extension as follows:

Subjects eligible for deadline extension

1. Enterprises, organizations, households, household businesses, and individuals operating in the following sectors of the economy:

a) Agriculture, forestry, and aquaculture;

b) Production and processing of food; textile; apparel production; production of leather and related products; wood processing and manufacturing products from wood, bamboo (except for beds, cabinets, tables, and chairs); production of products from straw, rags, and woven materials; production of paper and paper products; manufacturing of products from rubber and plastics; production of other non-metallic mineral products; metal production; mechanical processing; metal treatment and coating; production of electronics, computers, and optical products; automobile production and other motor vehicles; production of beds, cabinets, tables, and chairs;

c) Construction;

d) Publishing activities; cinema activities, television program production, sound recording, and music publishing;

e) Extraction of crude oil and natural gas (excluding corporate income tax deadline extensions for crude oil, condensate, and natural gas collected under agreements and contracts);

f) Beverage production; printing, copying records of all kinds; coke production, refined petroleum products; chemical production and chemical products; production of products from cast metals (except machinery and equipment); production of motorcycles, and motorbikes; repair, maintenance, and installation of machinery and equipment;

g) Water drainage and wastewater treatment.

...

Thus, according to the above regulation, households conducting aquaculture affected by Typhoon Yagi will be among the subjects eligible for an deadline extension of value-added tax payment.

Are households conducting aquaculture affected by Typhoon Yagi in Vietnam entitled to a deadline extension for value-added tax payment? (Image from the Internet)

What are regulations on deadline extension for value-added tax payment for months and quarters?

Pursuant to Article 4 of Decree 64/2024/ND-CP stipulating the deadline extension of deadlines for tax and land rent payment as follows:

- For value-added tax (excluding value-added tax at the import stage):

+ Extend the tax payment deadline for the payable value-added tax amounts (including the tax allocated to provincial-level localities other than where the taxpayer is headquartered, tax paid for each arising incident) of the tax period from May to September 2024 (for taxpayers reporting VAT monthly) and the second quarter of 2024, the third quarter of 2024 (for taxpayers reporting VAT quarterly) for enterprises and organizations specified in Article 3 of Decree 64/2024/ND-CP.

The deadline extension period is 05 months for VAT of May 2024, June 2024, and the second quarter of 2024, the deadline extension period is 04 months for VAT of July 2024, the deadline extension period is 03 months for VAT of August 2024, the deadline extension period is 02 months for VAT of September 2024 and the third quarter of 2024.

The deadline extension period stipulated shall be calculated from the end of the VAT payment deadline as specified by the law on tax administration.

Enterprises and organizations that are subject to the deadline extension must declare and submit the monthly or quarterly VAT declarations as per current laws, but are not required to pay the arising VAT amounts stated in the declared VAT returns.

The extended due dates for VAT payment for the respective month and quarter tax periods are as follows:

The deadline for paying VAT for the tax period of May 2024 is no later than November 20, 2024.

The deadline for paying VAT for the tax period of June 2024 is no later than December 20, 2024.

The deadline for paying VAT for the tax period of July 2024 is no later than December 20, 2024.

The deadline for paying VAT for the tax period of August 2024 is no later than December 20, 2024.

The deadline for paying VAT for the tax period of September 2024 is no later than December 20, 2024.

The deadline for paying VAT for the tax period of the second quarter of 2024 is no later than December 31, 2024.

The deadline for paying VAT for the tax period of the third quarter of 2024 is no later than December 31, 2024.

+ In cases where enterprises and organizations specified in Article 3 of Decree 64/2024/ND-CP have branches or affiliated units that declare VAT separately to the direct tax management authority, the branches or affiliated units are also subjects eligible for VAT payment deadline extension.

Branches or affiliated units of enterprises and organizations specified in clauses 1, 2, and 3, Article 3 of Decree 64/2024/ND-CP that do not operate in economic sectors or fields subject to the deadline extension are not eligible for VAT payment deadline extension.

What are procedure for deadline extension for value-added tax payment of households conducting aquaculture affected by Typhoon Yagi in Vietnam?

Pursuant to Article 5 of Decree 64/2024/ND-CP, the procedures for households conducting aquaculture affected by Typhoon Yagi to extend value-added tax payment are as follows:

- Taxpayers who directly declare and pay taxes to the tax authorities eligible for deadline extension shall send the Request for Tax and Land Rent Payment deadline extension (hereinafter referred to as the deadline extension Request) for the first time or as a replacement if errors are found (by electronic methods; send a paper copy directly to the tax authorities or send via postal service) according to the Form in the Appendix attached to this Decree to the direct tax authority once for all tax, land rent amounts arising in the extended tax periods together with the time of tax declaration submission monthly (or quarterly) as per the law on tax administration.

In case the deadline extension Request is not submitted along with the tax declaration submission time monthly (or quarterly), the latest deadline is September 30, 2024, and the tax authority still implements the tax, land rent payment deadline extension for the arising periods before the time of submitting the deadline extension Request.

In case taxpayers have multiple deadline extension-eligible amounts under various tax authority jurisdictions, the direct tax management authority of the taxpayer is responsible for communicating information about sending the deadline extension Request to the relevant tax management authorities.

- Taxpayers shall self-determine and take responsibility for the deadline extension request ensuring the correct subject for deadline extension as per this Decree.

If the taxpayer sends the deadline extension Request to the tax authority after September 30, 2024, the deadline extension for tax, land rent payment is not applicable as per this Decree.

In case the taxpayer supplements the tax return, leading to an increase in the payable amount of the extended tax period and sends it to the tax authority before the end of the extended tax payment deadline, the extended tax includes the increased payable amount due to the supplementary declaration.

If the taxpayer supplements the tax return for the extended tax period after the end of the extended tax payment deadline, the increased payable amount due to the supplementary declaration is not eligible for an deadline extension.