Vietnam: What does the application for tax payment in instalments include?

When is the deadline for submitting tax declaration dossiers in Vietnam?

Based on Article 44 of the Law on Tax Administration 2019, the provisions are as follows:

Deadline for submitting tax declaration dossiers

1. The deadline for submitting tax declaration dossiers for taxes declared monthly or quarterly is stipulated as follows:

a) No later than the 20th day of the following month for taxes declared and paid monthly;

b) No later than the last day of the first month of the following quarter for taxes declared and paid quarterly.

2. The deadline for submitting tax declaration dossiers for taxes calculated annually is stipulated as follows:

a) No later than the last day of the third month from the end of the calendar year or fiscal year for annual tax finalization dossiers; no later than the last day of the first month of the calendar year or fiscal year for annual tax declaration dossiers;

b) No later than the last day of the fourth month from the end of the calendar year for individual income tax finalization dossiers for self-filing individuals;

c) No later than December 15 of the preceding year for the presumptive tax declaration dossiers for households and individuals subject to presumptive tax; in the case of newly established businesses, the deadline for submitting the presumptive tax declaration dossier is no later than 10 days from the start date of business.

3. The deadline for submitting tax declaration dossiers for taxes declared and paid upon each occurrence of tax obligation is no later than the 10th day from the occurrence of the tax obligation.

4. The deadline for submitting tax declaration dossiers in case of business termination, contract termination, or business reorganization is no later than the 45th day from the date of the event.

5. The Government of Vietnam stipulates the deadline for submitting tax declaration dossiers for land use tax; non-agricultural land use tax; land levy; land rent, water surface rent; fees for licensing the exploitation of mineral resources; fees for licensing the exploitation of water resources; registration fee; business license tax; revenues to the state budget as stipulated by the law on the management and use of public assets; and reporting of cross-border profits.

6. The deadline for submitting tax declaration dossiers for export and import goods follows the regulations of the Customs Law.

7. If taxpayers file tax declarations electronically on the last day of the deadline for submitting tax declaration dossiers and the tax authority's electronic portal encounters issues, taxpayers shall submit tax declaration dossiers and electronic payment vouchers the next day after the tax authority's electronic portal resumes operation.

The deadlines for submitting tax declaration dossiers are as follows:

- For taxes declared monthly or quarterly:

+ No later than the 20th day of the following month for taxes declared and paid monthly;

+ No later than the last day of the first month of the next quarter for taxes declared and paid quarterly.

- For taxes calculated annually:

+ No later than the last day of the third month from the end of the calendar year or fiscal year for annual tax finalization dossiers; no later than the last day of the first month of the calendar year or fiscal year for annual tax declaration dossiers;

+ No later than the last day of the fourth month from the end of the calendar year for individual income tax finalization dossiers for self-filing individuals;

+ No later than December 15 of the preceding year for presumptive tax declaration dossiers for households and individuals subject to presumptive tax; in the case of newly established businesses, the deadline for submitting the presumptive tax declaration dossier is no later than 10 days from the start date of the business.

Vietnam: What does the application for tax payment in instalments include? (Image from the Internet)

Vietnam: What does the application for tax payment in instalments include?

According to Clause 2 Article 66 of Circular 80/2021/TT-BTC regulating the application for tax payment in instalments includes:

- A written request for tax payment in instalments

- A guarantee letter conforming with the law on guarantees, mandatorily including a commitment that the guarantor will pay on behalf of the taxpayer in the event the taxpayer fails to meet the deadline for tax payment in instalments;

- A decision on coercive enforcement of administrative decisions on tax management (if any).

How long is the taxpayer allowed to make tax payment in instalments?

Based on Clause 3 Article 66 of Circular 80/2021/TT-BTC, the provisions are as follows:

Tax payment in instalments

...

3. Number of times and amount for tax payment in instalments

a) The amount of tax debt allowed to be paid gradually is the tax debt at the time the taxpayer requests to pay gradually but not exceeding the guaranteed tax debt by the credit institution.

b) Taxpayers are allowed to make tax payment in instalments within a period not exceeding 12 months and during the validity period of the guarantee letter.

c) Taxpayers are allowed to make tax payment in instalments monthly, ensuring that the amount paid per time is not lower than the average monthly amount of tax debt allowed to be paid gradually. Taxpayers must determine the late payment amount incurred to pay along with the gradually paid tax debt amount.

Taxpayers are allowed to make tax payment in instalments within a period not exceeding 12 months and during the validity period of the guarantee letter.

Additionally, taxpayers are allowed to make tax payment in instalments monthly, ensuring that the amount paid per time is not lower than the average monthly amount of tax debt allowed to be paid gradually.

Taxpayers must determine the late payment amount incurred to pay along with the gradually paid tax debt amount.