Shall taxpayers be informed of tax refund schedule in Vietnam?

Shall taxpayers be informed of tax refund schedule in Vietnam?

According to Article 16 of the Law on Tax Administration 2019, the regulations are as follows:

Rights of taxpayers

1. Receive support and guidance in tax payment; provide information and documents to fulfill tax-related obligations and rights.

2. Receive documents related to tax obligations from functional agencies during inspections, examinations, and audits.

3. Request the tax administration agency to explain tax calculations, tax assessment; request inspection of quantity, quality, and type of export and import goods.

4. Keep information confidential except for information that must be provided to competent state agencies or public tax information as prescribed by law.

5. Enjoy tax incentives, tax refunds as prescribed by tax law; be informed about the tax refund schedule, the amount of tax not refunded, and the legal basis for the amount of tax not refunded.

6. Sign contracts with tax procedure service businesses, customs declaration agents to perform tax agency services, customs declaration agent services.

7. Receive tax handling decisions, tax inspection reports, tax audit reports, request explanations of tax handling decisions; preserve opinions in tax inspection reports, tax audit reports; receive tax inspection, tax audit conclusions, and tax handling decisions after inspections and audits from tax administration agencies.

8. Be compensated for damages caused by tax administration agencies and tax officials as prescribed by law.

9. Request the tax administration agency to certify the fulfillment of their tax payment obligations.

10. File complaints and lawsuits against administrative decisions and actions related to their legitimate rights and interests.

11. Not be subject to administrative penalties for tax violations and not incur late payment interest if the taxpayer has followed the guidance documents and handling decisions of tax authorities and relevant competent state agencies regarding the determination of tax obligations.

12. Report violations of tax law by tax officials and other organizations and individuals as prescribed by the law on denouncement.

13. Search, view, and print all electronic documents they have sent to the tax administration agency's electronic information portal as prescribed by this Law and the law on electronic transactions.

14. Use electronic documents in transactions with the tax administration agency and related agencies and organizations.

Thus, personal income taxpayers have the right to be informed about the personal income tax refund processing time.

Shall taxpayers be informed of tax refund schedule in Vietnam?? (Image from Internet)

What is the time limit for processing tax refund claims for taxpayers in Vietnam?

According to Article 75 of the Law on Tax Administration 2019, personal income tax refunds are processed within the following time limits:

- For applications under the "refund first, audit later" category: no later than 6 working days from the date the tax administration agency issues a notification of acceptance of the application and the tax refund processing time, the tax administration agency must decide to refund the tax to the taxpayer or notify the taxpayer of transferring the application for prior audit if the application is under the "audit first, refund later" category or notify the taxpayer of no refund if the application does not meet the refund criteria.

In cases where the information declared in the tax refund application differs from the tax administration agency's records, the tax administration agency will notify the taxpayer in writing for explanation and additional information. The time taken for explanation and additional information is not included in the tax refund processing time.

- For applications under the "audit first, refund later" category: no later than 40 days from the date the tax administration agency issues a written notification of acceptance of the application and the tax refund processing time, the tax administration agency must decide to refund the tax to the taxpayer or not refund the tax if the application does not meet the refund criteria.

When is a personal income tax refund granted?

According to Article 8 of the Law on Personal Income Tax 2007, the regulations are as follows:

Tax administration and tax refunds

1. Taxpayer registration, tax declaration, tax deduction, tax payment, tax finalization, tax refund, handling of tax violations, and tax administration measures are carried out in accordance with the Law on Tax Administration.

2. Individuals are eligible for tax refunds in the following cases:

a) The amount of tax paid is greater than the payable tax amount;

b) Individuals have paid tax but have taxable income below the taxable threshold;

c) Other cases as decided by competent state authorities.

Thus, individuals are eligible for personal income tax refunds in the following cases:

- The amount of tax paid is greater than the payable tax amount;

- The individual has paid tax but has taxable income below the taxable threshold;

- Other cases as decided by competent state authorities.