Vietnam: Will the tax identification number (TIN) become inactive if the certificate of enterprise registration is revoked?

Vietnam: Will the tax identification number (TIN) become inactive if the certificate of enterprise registration is revoked?

According to point b, clause 1, Article 39 of the Law on Tax Administration 2019, the provisions on the TIN deactivation are as follows:

TIN deactivation

1. Taxpayers registered together with their enterprise registration, cooperative registration, or business registration must deactivate their TIN validity in the following cases:

a) Termination of business activities or dissolution, bankruptcy;

b) Revocation of the enterprise registration certificate, cooperative registration certificate, or business registration certificate;

c) Division, merger, or consolidation.

2. Taxpayers registered directly with the tax authority must deactivate their TIN validity in the following cases:

a) Termination of business activities, no further tax obligations arise for non-business organizations;

b) Revocation of the business registration certificate or equivalent license;

c) Division, merger, or consolidation;

d) Notification by the tax authority that the taxpayer does not operate at the registered address;

e) Death, disappearance, or loss of civil act capacity as prescribed by law;

f) Foreign contractor upon contract completion;

g) Contractor, investor participating in petroleum contracts upon contract termination or transfer of entire rights to participate in petroleum contracts.

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Therefore, when a certificate of enterprise registration is revoked, it must deactivate its TIN validity with the competent authority, and the TIN will become inactive.

Will the TIN become inactive if the certificate of enterprise registration is revoked? (Image from the Internet)

Vietnam: What does the application for TIN deactivation include?

According to Article 14 of Circular 105/2020/TT-BTC, the application for TIN deactivation includes:

(1) The application for TIN deactivation for taxpayers registered directly with the tax authority is an application for TIN deactivation according to form No. 24/DK-TCT issued together with Circular 105/2020/TT-BTC as specified in Articles 38 and 39 of the Law on Tax Administration 2019 and other documents as follows:

- For economic organizations, other organizations as defined at points a, b, c, d, n clause 2 Article 4 of Circular 105/2020/TT-BTC:

+ For the managing unit, the application is one of the following documents: Certified copy of the dissolution decision, certified copy of the division decision, certified copy of the consolidation contract, certified copy of the merger contract, certified copy of the decision to revoke the operation registration certificate of the competent authority, certified copy of the termination notification, certified copy of the conversion decision.

If the managing unit has dependent units that have been issued a 13-digit TIN, the managing unit must send a written notice of termination of activities to the dependent units to request them to carry out procedures for TIN deactivation with the managing unit's tax authority before terminating the TIN validity of the managing unit.

If the dependent unit deactivates its TIN validity but cannot fulfill its tax obligations to the state budget as prescribed by the Law on Tax Administration 2019 and guiding documents, the managing unit must submit a declaration of commitment to inherit all tax obligations of the dependent unit to the managing unit's tax authority and continue fulfilling the tax obligations of the dependent unit with the managing unit's tax authority once the TIN of the dependent unit has been deactivated.

+ For the dependent unit, the application is one of the following documents: Certified copy of the decision or notice on the termination of activities of the dependent unit, certified copy of the decision to revoke the operation registration certificate of the competent authority for the dependent unit.

- For contractors, investors participating in petroleum contracts, Vietnam National Oil and Gas Group representing the host country to receive the share of profit from petroleum contracts; foreign contractors, and foreign subcontractors as stipulated at points đ, h clause 2 Article 4 of Circular 105/2020/TT-BTC (excluding foreign contractors and foreign subcontractors issued with a TIN as stipulated at point e clause 3 Article 5 of Circular 105/2020/TT-BTC), the application is the certified copy of the contract liquidation, or certified copy of the document on the transfer of the entire capital contribution to participate in petroleum contracts for investors participating in petroleum contracts.

- For household businesses and individual businesses; business locations of household businesses and individual businesses as stipulated at point i clause 2 Article 4 of Circular 105/2020/TT-BTC, the application is a certified copy of the decision to revoke the household business registration certificate (if any).

* Enterprises, cooperatives, dependent units of enterprises, and cooperatives must submit their application to the directly managing tax authority to carry out tax procedures and fulfill tax obligations as prescribed by the Law on Enterprises 2020 (for enterprises) and other related laws before submitting the application to the business registration authority, cooperative registration authority for termination of business activities due to division, merger, consolidation, or termination of activities of dependent units of enterprises, cooperatives.

If the Law on Enterprises 2020 and other related laws do not prescribe the deadline for taxpayers to submit their application to the tax authority, taxpayers must submit their application to the directly managing tax authority within 10 (ten) working days from the date of the decision on division, merger contract, consolidation contract, decision, or notice of the enterprise, cooperative on the termination of activities of branches, representative offices, or the decision to revoke the registration certificate of branches, representative offices.

(2) The application for TIN deactivation for taxpayers registered together with enterprise registration, cooperative registration, or business registration is an application for TIN deactivation according to form No. 24/DK-TCT issued together with Circular 105/2020/TT-BTC and other documents as follows:

- The application for TIN deactivation for enterprises and cooperatives subjected to division, merger, consolidation includes one of the following documents: Certified copy of the division decision, certified copy of the consolidation contract, certified copy of the merger contract.

- The application for TIN deactivation for dependent units of enterprises and cooperatives includes one of the following documents: Certified copy of the decision or notice of the enterprise, cooperative on the termination of activities of branches, representative offices; certified copy of the decision to revoke the registration certificate of branches, representative offices issued by competent state agencies.

(3) The application for TIN deactivation According to decisions, notifications, or other documents of competent state agencies for each specific case includes:

- Decision on dissolution of enterprises, cooperatives;

- Decision to revoke the enterprise registration certificate, operation registration certificate of branches, representative offices, and business locations;

- application for registration of termination of activities of enterprises, cooperatives due to division, consolidation, merger;

- application for registration of termination of activities of branches, representative offices, and business locations of enterprises, cooperatives;

- Notice of dissolution of enterprises, cooperatives;

- Notice of termination of activities of enterprises, cooperatives due to division, consolidation, merger;

- Notice of termination of activities of the branches, representative offices of enterprises, cooperatives issued by the business registration authority, cooperative registration authority.

- Decision, Notification on revocation of the Certificate of Household Business Registration; License for Establishment and Operation or equivalent documents issued by the licensing authority.

- Bankruptcy declaration decision by the Court.

- Related documents from competent authorities confirming the individual’s death, disappearance, or loss of civil act capacity (Death certificate, death notice, or other documents substituting for the death notice as prescribed by civil status law, or court decision declaring a person dead, missing, or loss of civil act capacity).

- Notice of the taxpayer not operating at the registered address as stipulated in Article 17 of Circular 105/2020/TT-BTC.

Tax obligations to be fulfilled before TIN deactivation in Vietnam

According to Article 15 of Circular 105/2020/TT-BTC, the tax obligations that taxpayers must fulfill before terminating TIN validity are as follows:

(1) For taxpayers as specified in points a, b, c, d, đ, e, g, h, m, n clause 2 of Article 4 of Circular 105/2020/TT-BTC:

- Taxpayers must submit the invoice usage report as prescribed by the law on invoices;

- Taxpayers must fulfill their obligations to submit tax returns, pay taxes, and handle any excess tax amounts or VAT credits (if any) according to Articles 43, 44, 47, 60, 67, 68, 70, 71 of the Law on Tax Administration 2019 with the tax authority;

- If the managing unit has dependent units, all dependent units must complete the procedures for TIN deactivation before the TIN validity of the managing unit can be deactivated.

(2) For household businesses, individual businesses as specified in point i clause 2 Article 4 of Circular 105/2020/TT-BTC:

- Taxpayers must submit the invoice usage report as prescribed by the law on invoices if invoices are used;

- Taxpayers must fulfil their obligations to pay taxes and handle any excess tax amounts as specified in Articles 60, 67, 69, 70, 71 of the Law on Tax Administration 2019 with the tax authority that manages household businesses, individual businesses which pay tax According to presumptive tax method.

- Taxpayers must fulfill their obligations to submit tax returns, pay taxes, and handle any excess tax amounts or VAT credits (if any) as specified in Articles 43, 44, 47, 60, 67, 68, 70, 71 of the Law on Tax Administration 2019 with the tax authority that manages household businesses, individual businesses which pay tax According to the declaration method.

(3) For household businesses converting to small and medium enterprises as prescribed by the Law on Supporting Small and Medium Enterprises 2017, household businesses must fulfill tax obligations with the directly managing tax authority or send a document to the tax authority committing that the small and medium enterprises converted from household businesses will inherit all tax obligations of the household businesses as prescribed by the law on supporting small and medium enterprises.

(4) For individuals as specified in points k, l clause 2 Article 4 of Circular 105/2020/TT-BTC:

Taxpayers must fulfill their obligations to pay taxes and handle any excess tax amounts as specified in Articles 60, 67, 69, 70, 71 of the Law on Tax Administration 2019 with the tax authority.