May the deadline for submitting the VAT declaration for the first quarter be extended? When is the deadline for VAT payment for the first quarter after extension in Vietnam?
What is the latest submission deadline for the VAT declaration for the first quarter of 2025 in Vietnam?
Based on Clause 1, Article 44 of the Law on Tax Administration 2019, which stipulates the deadline for submitting VAT declarations as follows:
Deadline for submitting tax declaration dossiers
- The deadline for submitting tax declaration dossiers for taxes declared monthly or quarterly is specified as follows:
a) No later than the 20th day of the month following the month in which the tax obligation arises, for cases of monthly declarations and submissions;
b) No later than the last day of the first month of the quarter following the quarter in which the tax obligation arises, for cases of quarterly declarations and submissions.
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According to the above regulations, the deadline for submitting the tax return for the first quarter of 2025 will be the last day of the first month of the second quarter of 2025, which is April 30, 2025.
In addition, based on Article 86 of Circular 80/2021/TT-BTC, it is stipulated as follows:
Deadline for submitting tax declaration dossiers and tax payment deadline
The deadline for submitting tax declaration dossiers is implemented according to the provisions of Clauses 1, 2, 3, 4, 5, Article 44 of the Law on Tax Administration and Article 10 of Decree No. 126/2020/ND-CP. The tax payment deadline is implemented according to the provisions of Clauses 1, 2, 3, Article 55 of the Law on Tax Administration and Article 18 of Decree No. 126/2020/ND-CP. In the case where the deadline for submitting tax declaration dossiers and the tax payment deadline coincides with a public holiday, under the Civil Code, the deadlines are extended to the next working day.
Since April 30, 2025, and May 1, 2025, coincide with holidays according to Notice 6150/TB-BLDTBXH year 2024 (holiday schedule for April 30 and May 1, 2025, for officials and public employees from April 30, 2025, to May 04, 2025 (from Wednesday to Sunday), totaling 5 continuous days),
Therefore, the deadline for submitting tax for the first quarter of 2025 will be moved to the next working day, which is May 5, 2025.
Note: For the time of electronic tax declaration submission and electronic tax payment, the taxpayer may perform electronic tax transactions 24 hours a day (from 00:00:00 to 23:59:59) and 7 days a week, including holidays and Tet holidays, as per point a, clause 1, Article 8 of Circular 19/2021/TT-BTC.
May the deadline for submitting the VAT declaration for the first quarter be extended? When is the deadline for VAT payment for the first quarter after extension in Vietnam?
According to Article 46 of the Law on Tax Administration 2019, the extension of the deadline for submitting the VAT declaration for the first quarter is regulated as follows:
Extension of tax declaration submission deadlines
1. Taxpayers who are unable to submit tax declaration dossiers on time due to natural disasters, catastrophes, epidemics, fires, or unexpected accidents may be granted an extension to submit the tax declaration dossiers by the head of the directly managing tax authority.
2. The extension period does not exceed 30 days for monthly, quarterly, or yearly tax declaration submissions, or for tax declaration submissions for each occasion when a tax obligation arises; 60 days for submitting tax finalization dossiers from the expiration date of the tax declaration submission.
- Taxpayers must send a written request for an extension to submit tax declaration dossiers to the tax authority before the expiry of the tax declaration submission deadline, clearly stating the reason for the extension request, with certification from the commune-level People's Committee or commune-level Police, ward, commune-level town where the case subject to extension arises, stipulated in Clause 1 of this Article.
- Within 3 working days from the date of receipt of the written request for extension to submit the tax declaration dossiers, the tax authority must provide a written response to the taxpayer regarding the acceptance or refusal of the extension request.
Therefore, it is possible to be granted an extension for submitting the VAT declaration for the first quarter of 2025 in cases where taxpayers are unable to submit taxation dossiers on time due to reasons such as natural disasters, catastrophes, epidemics, fires, or unexpected accidents.
Furthermore, the extension period for the VAT declaration for the first quarter of 2025 should not exceed 30 days from the original deadline for quarterly tax declaration dossiers. Thus, the latest deadline for submitting the VAT declaration for the first quarter of 2025 after an extension would be June 5, 2025.
Note: Taxpayers must send a written request for an extension of the tax declaration submission deadline to the tax authority before the expiration of the tax declaration submission deadline, stating the reason for the extension request with confirmation from the commune-level People's Committee or commune-level Police, ward, or commune-level town where the production or business activities arise, incurring tax obligations.
May the deadline for submitting the VAT declaration for the first quarter be extended? When is the deadline for VAT payment for the first quarter after extension in Vietnam?(Image from the Internet)
What are the penalties for late submission of the VAT declaration for the first quarter of 2025 in Vietnam?
According to Article 13 of Decree 125/2020/ND-CP which stipulates penalties for late submission of the VAT declaration for the first quarter as follows:
(1) A warning penalty is imposed for the submission of VAT declarations that are overdue from 1 to 5 days and have mitigating circumstances.
(2) A fine ranging from VND 2,000,000 to VND 5,000,000 is imposed for the submission of VAT declarations that are overdue from 1 to 30 days, except for cases stipulated in Clause 1, Article 13 of Decree 125/2020/ND-CP.
(3) A fine ranging from VND 5,000,000 to VND 8,000,000 is imposed for the submission of VAT declarations that are overdue from 31 to 60 days.
(4) A fine ranging from VND 8,000,000 to VND 15,000,000 is imposed for any of the following acts:
- Submitting VAT declarations intentionally overdue from 61 to 90 days;
- Submitting VAT declarations intentionally overdue from 91 days or more with no tax payable;
- Failure to submit VAT declarations but no tax payable;
(5) A fine ranging from VND 15,000,000 to VND 25,000,000 is imposed for the late submission of VAT declarations over 90 days from the expiration of the tax declaration submission, with tax payable and the taxpayer has fully paid the tax amount, late payment interest to the state budget before the tax authority announces tax inspection or audit decisions or before the tax authority makes a record of the delay in submitting tax documentation according to Clause 11, Article 143 of the Law on Tax Administration 2019.
If the penalty amount specified in this clause exceeds the tax amount arising on the tax declaration, the maximum penalty amount in this case will be equal to the arising tax amount payable on the tax declaration, but it must not be lower than the median level of the fine tarp specified in Clause 4, Article 13 of Decree 125/2020/ND-CP.
Simultaneously, persons committing such violations must take remedial actions:
- They are required to pay the full amount of late tax payment to the state budget for the violations specified in Clauses 1, 2, 3, 4, and 5, Article 13 of Decree 125/2020/ND-CP in cases where taxpayers' late submission of VAT declarations leads to late tax payment;
- They are required to submit tax declaration dossiers and appendices attached to the tax declaration dossiers for the violations stipulated in points c, d, clause 4, Article 13 of Decree 125/2020/ND-CP.
Note: The penalties for late submission of personal income tax declarations mentioned above apply to violations committed by organizations. For individuals committing similar violations, the fine is equal to 1/2 the amount applied to organizations (according to Clause 5, Article 5 of Decree 125/2020/ND-CP).
