From January 1, 2025, when shall enterprises submit supplementary tax declarations in Vietnam?

From January 1, 2025, when shall enterprises submit supplementary tax declarations in Vietnam?

Pursuant to Clause 1, Article 47 of the Law on Tax Administration 2019 as amended by Point a, Clause 6, Article 6 of the Law amending the Law on Securities, the Law on Accounting, the Law on Independent Auditing, 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 Administrative Violations 2024 (referred to as the Law amending the 9 Laws 2024), regulations on cases for submitting supplementary tax declarations are specified as follows:

Amendments, supplements to certain articles of the Law on Tax Administration

...

6. Amend, supplement, and annul certain clauses of Article 47 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Taxpayers who discover issues or inaccuracies in submitted tax declarations are allowed to submit supplementary tax declarations within 10 years from the deadline for the tax declaration of the tax period with the errors or omissions in the following cases:

a) Before tax authorities or competent authorities announce the decisions on inspection and examination;

b) The tax declaration does not fall within the scope, period of tax inspection, and examination as stated in the decision of tax inspection and examination.

For contents under the scope of inspection, examination, taxpayers are allowed to supplement explanatory documents as per regulations on tax laws, inspection laws, and cases implemented according to conclusions and regulations from specialized competent authorities relating to the determination of taxpayers' tax obligations.”;

...

Additionally, Article 10 of the Law amending the 9 Laws 2024 stipulates the effective date as follows:

Effective Date

1. This Law will take effect from January 1, 2025, except for provisions specified in Clauses 2, 3, 4, and 5 of this Article.

2. Regulations regarding professional securities investors participating in the purchase, transaction, transfer of private corporate bonds amended and supplemented at Point b, Clause 3 and Clause 9, Article 1 of this Law; regulations on equity capital at Point a, Clause 11, Article 1 of this Law will take effect from January 1, 2026.

3. Provisions at Point b, Clause 3, and Point a, Clause 4, Article 3 of this Law will take effect from January 1, 2026.

4. Provisions at Article 4 of this Law will take effect from the 2025 fiscal year.

5. Provisions at Point b, Clause 5, Article 6 of this Law will take effect from April 1, 2025.

Through the above regulations, it can be seen that from January 1, 2025, if a enterprise discovers errors or omissions in the tax declarations submitted to tax authorities, they may submit a supplementary tax declaration within 10 years from the deadline for the tax declaration of the tax period with errors or omissions in the following cases:

- Before tax authorities or competent authorities announce decisions on inspection and examination;

- The declaration does not fall within the scope, period of tax inspection and examination as stated in the decision of the tax inspection and examination.

From January 1, 2025, when shall enterprises submit supplementary tax declarations in Vietnam? (Image from the Internet)

What documents are included in the tax declaration dossier in Vietnam?

Pursuant to Article 43 of the Law on Tax Administration 2019, regulations on tax declaration dossiers are as follows:

(1) The monthly tax declaration dossier includes the monthly tax declaration.

(2) The quarterly tax declaration dossier includes the quarterly tax declaration.

(3) The annual tax declaration dossier includes:

- The annual tax declaration and other documents related to determining the payable tax amount;

- The tax finalization dossier when the year ends includes the annual tax finalization declaration, annual financial statements, transfer pricing declaration; and other documents related to tax finalization.

(4) The tax declaration dossier for taxes declared and paid per incidence of tax obligation includes:

- Tax declaration form;

- Invoice, contract, and other documents related to the tax obligation as per the law.

(5) For export and import goods, the customs dossier according to the Customs Law is used as the tax declaration dossier.

(6) The tax declaration dossier in cases of cessation of operation, termination of contracts, enterprise type change, or enterprise reorganization includes:

- Tax finalization declaration;

- Financial report up to the point of cessation of operations, contracts termination, enterprise type change, or enterprise reorganization;

- Other documents related to tax finalization.

What are responsibilities of tax authorities in receiving tax declaration dossiers in Vietnam?

According to Article 48 of the Law on Tax Administration 2019, the tax authorities' responsibilities in receiving tax declaration dossiers are as follows:

- The tax management authorities receive tax declaration dossiers from taxpayers through the following forms:

+ Directly receiving documents at the tax management agency;

+ Receiving documents sent via postal service;

+ Receiving electronic documents through the tax management agency's electronic portal.

- The tax management authorities must notify the receipt of the tax declaration dossier; in cases where the dossier is unlawful, incomplete, or not in the required format, they must notify the taxpayer within 3 working days from the receipt of the dossier.