Shall the deadline for submitting VAT declarations be postponed if it coincides with the Tet holiday in Vietnam?

Shall the deadline for submitting VAT declarations be postponed if it coincides with the Tet holiday in Vietnam?

Pursuant to Clause 1, Article 1 of Decree 91/2022/ND-CP, amending Decree 126/2020/ND-CP which guides the Law on Tax Administration, there is a provision as follows:

Addition of Article 6a as follows:

“Article 6a. End of the Deadline”

The deadline for submitting tax declaration dossiers, the deadline for tax payment, the deadline for the tax authority to process dossiers, and the validity period of enforcement decisions to execute administrative decisions on tax management are implemented in accordance with the Tax Administration Law and this Decree. In the event that the last day of the deadline for submitting tax declaration dossiers, the deadline for tax payment, the deadline for tax authorities to process dossiers, or the validity period of enforcement coincides with a holiday, the last day of the deadline is counted as the next working day after the holiday.

Therefore, if the deadline for submitting VAT declarations falls during the Tet holiday, the last day of the deadline is counted as the next working day after the holiday.

Shall the deadline for submitting VAT declarations be postponed if it coincides with the Tet holiday in Vietnam? (Image from the Internet)

Vietnam: What is the deadline for supplementing the tax declaration dossier for the third quarter of 2024 if the taxpayer discovers errors in the submitted tax declaration dossier?

According to Article 47 of the 2019 Tax Administration Law, the specific provisions on supplementing tax declaration dossiers are as follows:

Supplementation of Tax Declaration Dossiers

1. If taxpayers discover errors in the tax declaration dossiers submitted to the tax authority, they are allowed to supplement these dossiers within 10 years from the deadline for submitting the tax declaration dossier of the tax period with errors, but before the tax authority or competent agency announces the decision on inspection.

2. When the tax authority or competent agency has announced a decision on tax inspection at the taxpayer's headquarters, the taxpayer is still allowed to supplement the tax declaration dossier; the tax authority will impose administrative penalties for tax management violations as stipulated in Articles 142 and 143 of this Law.

3. After the tax authority or competent agency has issued conclusions or decisions on tax processing following the inspection at the taxpayer's headquarters, the supplementation of tax declaration dossiers is regulated as follows:

a) Taxpayers can supplement tax declaration dossiers in cases that increase the payable tax amount, reduce the deductible tax amount, or reduce the tax amount that is exempt from reduction or refunded and will be subject to administrative penalties for tax management violations as stipulated in Articles 142 and 143 of this Law;

b) If taxpayers discover errors in the tax declaration dossiers that result in a reduced payable tax amount or an increased deductible tax amount, tax exemption, or refund, they must follow the regulations on tax complaint resolution.

4. Supplementary tax declaration dossiers include:

a) Supplementary declaration form;

b) Explanation of supplementation and related documents.

5. For exported and imported goods, the supplementation of tax declaration dossiers is conducted according to the customs law.

Hence, according to the above regulations, the deadline for supplementing the tax declaration dossier for the third quarter of 2024, if the taxpayer discovers errors, is 10 years from the end of the deadline for submitting the tax declaration dossier for the third quarter of 2024, but before the tax authority or competent agency announces an inspection decision.

What are the penalties for late submission of VAT declaration dossiers in Vietnam?

According to Article 13 of Decree 125/2020/ND-CP, which regulates the handling of violations concerning the deadline for submitting tax declaration dossiers, the penalties are as follows:

- A warning is issued for submitting tax declaration dossiers late by 01 to 05 days and there are mitigating circumstances.

- A fine ranging from 2,000,000 VND to 5,000,000 VND is imposed for submitting tax declaration dossiers late by 01 to 30 days, except for cases specified in Clause 1 of this Article.

- A fine ranging from 5,000,000 VND to 8,000,000 VND is imposed for submitting tax declaration dossiers late by 31 to 60 days.

- A fine ranging from 8,000,000 VND to 15,000,000 VND is imposed for any of the following acts:

- Submitting tax declaration dossiers late by 61 to 90 days;

- Submitting tax declaration dossiers late from 91 days onwards without tax payable arising;

- Failure to submit tax declaration dossiers but without tax payable arising;

- Failure to submit appendices in accordance with tax management regulations concerning enterprises with associated transactions attached to corporate income tax settlement dossiers.

- A fine ranging from 15,000,000 VND to 25,000,000 VND is imposed for submitting tax declaration dossiers more than 90 days past the deadline, incurring payable tax, with the taxpayer having fully paid the tax and late payment amount into the state budget before the tax authority announces the inspection decision or before the tax authority makes a record of the late submission of the tax declaration dossier as regulated in Clause 11 Article 143 of the 2019 Tax Administration Law.

Note: For the same administrative violation concerning taxes and invoices, the penalty for organizations is double the penalty amount for individuals.