Shall the revocation of a business registration certificate lead to the TIN reactivation in Vietnam?

Shall the revocation of a business registration certificate lead to the TIN reactivation in Vietnam?

Based on Article 39 of the Law on Tax Administration 2019, the TIN deactivation in certain cases is stipulated as follows:

(1) A taxpayer registering with business registration, cooperative registration, business operation registration shall deactivate the TIN in the following cases:

- Cease business operation or dissolution, bankruptcy;

- Business registration certificate, cooperative registration certificate, or business operation registration certificate is revoked;

- Split, merger, consolidation.

(2) A taxpayer directly registering with the tax authority shall deactivate the TIN in the following cases:

- Cease business operations, no longer have tax obligations for a non-business entity;

- Business registration certificate or equivalent license is revoked;

- Split, merger, consolidation;

- Tax authority issues a notification that the taxpayer is not operating at the registered address;

- Individual dies, goes missing, or loses civil act capacity as prescribed by law;

- Foreign contractor upon contract completion;

- Contractor, investor participating in a petroleum contract upon contract completion or full transfer of contract participation rights.

*Notes:

- A taxpayer registering with business registration, cooperative registration, business operation registration must complete dissolution or cease-operation registration at the business registration authority, cooperative registration, business registration according to legal regulations. Before doing so, the taxpayer must register with the managing tax authority to fulfill tax obligations as per this law and other relevant laws.

- A taxpayer directly registering with a tax authority must submit a TIN deactivation application to the managing tax authority within 10 working days from the date of document for deactivation of operation or business operation or contract completion.

Thus, in cases where the business registration certificate is revoked, the TIN is deactivated.

Shall the revocation of a business registration certificate lead to the TIN reactivation in Vietnam? (Image from the Internet)

What obligations must be fulfilled before TIN reactivation in Vietnam?

Pursuant to Clause 1, Article 15 of Circular 105/2020/TT-BTC, the provisions are as follows:

Obligations that taxpayers must fulfill before TIN deactivation

1. For taxpayers as stipulated in Points a, b, c, d, dd, e, g, h, m, n Clause 2, Article 4 of this Circular:

- Taxpayers must submit a report on the utilization of invoices in accordance with invoice regulations;

- Taxpayers must complete the filing of tax returns, pay taxes, and handle any overpaid tax amounts, non-deductible value-added tax (if any) as per Articles 43, 44, 47, 60, 67, 68, 70, 71 of the Tax Management Law with the managing tax authority;

- In cases where a governing unit has dependent branches, all dependent units must complete procedures for TIN deactivation before the TIN of the governing unit is deactivated.

Accordingly:

- Taxpayers must submit a report on the utilization of invoices as per the invoice regulations;

- Taxpayers must complete the filing of tax returns, pay taxes, and address any overpaid tax amounts, and non-deductible value-added tax (if any);

- If a governing unit has dependent units, all dependent units must complete procedures for TIN deactivation before the governing unit's TIN is deactivated.

What are the regulations for TIN reactivation in Vietnam?

According to Article 40 of the Law on Tax Administration 2019, TIN reactivation regulations are as follows:

- A taxpayer registering with business registration, cooperative registration, business operation can have the TIN reactivated if legal status is reinstated under business registration, cooperative registration, business operation laws.

- A taxpayer directly registering with the tax authority submits a TIN reactivation application to the managing tax authority in the following cases:

+ A competent authority issues a document canceling the decision to revoke the business registration certificate or equivalent license;

+ There is a need to resume business after submitting a TIN deactivation file to the tax authority but before the tax authority issues the deactivation notification;

+ The tax authority notifies that the taxpayer is not operating at the registered address, but the license has not been revoked, and the TIN has not been deactivated.

- The TIN can continue to be used in economic transactions from the effective date of the business registration authority’s decision to reactivate legal status or the tax authority's TIN reactivation notification date.

- The TIN reactivation application includes:

+ A request for TIN reactivation;

+ Other relevant documents.