What are procedures for TIN deactivation for transferor, acquired or consolidating enterprises in Vietnam?

What is a tax identification number (TIN)?

According to Article 3 of the Law on Tax Administration 2019 stipulates as follows:

Explanation of Terms

In this Law, the following terms shall be understood as follows:

...

4. The headquarters of the taxpayer is the location where the taxpayer engages in part or all of its business activities, including the main office, branches, stores, production locations, places for goods storage, and places for assets used for production and business; residence or place of tax obligation arising.

5. A Tax Identification Number (TIN) is a series of numbers consisting of 10 digits or 13 digits and other characters issued by the tax authority to the taxpayer for tax management purposes.

6. The tax period is the period used to determine the amount of tax to be paid to the state budget as prescribed by tax law.

A tax identification number is a series of numbers issued by the tax authority to the taxpayer for the purpose of tax management; this series consists of 10 digits or 13 digits and other characters.

What are procedures for TIN deactivation for transferor, acquired or consolidating enterprises in Vietnam?. (Image from the Internet)

What are procedures for TIN deactivation for transferor, acquired or consolidating enterprises in Vietnam?

According to sub-item 23, Section 2, Part 2 of Administrative Procedures promulgated with Decision 2589/QD-BTC 2021, stipulating the procedure for terminating the TIN for transferor, acquired or consolidating enterprises as follows:

Step 1: The split organization, merged organization, or consolidated organization is responsible for submitting the application for termination of the TIN's effectiveness to the directly managing tax authority to carry out the procedure for terminating the TIN's effectiveness.

Regarding the application submission deadline:

- Within 10 (ten) working days from the date of the Decision to split/Consolidation agreement/merger contract or equivalent document.

- For the case of electronic taxpayer registration dossier: The taxpayer accesses the electronic information portal chosen by the taxpayer (the General Department of Taxation's electronic information portal/the competent state authority’s electronic information portal including the National Public Service Portal, the Ministry's public service portal, provincial public service portal as per the one-stop and interconnected mechanism in administrative procedure resolution and is connected to the electronic information portal of the General Department of Taxation/the electronic portal of the T-VAN service provider) to file declarations and attach dossiers in electronic form (if any), sign electronically and send to the tax authority via the electronic information portal chosen by the taxpayer.

The taxpayer submits the dossier (the taxpayer registration dossier along with the business registration dossier under the interconnected one-stop mechanism) to the competent state management authority as prescribed. The competent state management authority sends the information on the received dossier of the taxpayer to the tax authority via the electronic information portal of the General Department of Taxation.

Step 2: Tax authority reception

- For paper-based taxpayer registration dossier changes:

+ If the dossier is submitted directly at the tax authority: The tax official receives and stamps receipt on the taxpayer registration dossier, records the date of receipt, and the number of documents according to the checklist of the dossier submitted directly at the tax authority. The tax official writes a receipt slip stating the date of result return, and the processing time for the received dossier.

+ If the taxpayer registration dossier is sent by postal services: The tax official stamps the receipt, writes the date of receipt on the dossier, and records the document number of the tax authority.

The tax official checks the taxpayer registration dossier. If the dossier is incomplete and requires explanation, additional information, or documents, the tax authority notifies the taxpayer within 02 (two) working days from the date of receipt of the dossier.

- For electronic taxpayer registration dossiers:

The tax authority receives the dossier via the electronic information portal of the General Department of Taxation, checks, and handles the dossier through the electronic data processing system of the tax authority.

+ Dossier reception: The General Department of Taxation's electronic information portal sends a receipt notification of the taxpayer's submitted dossier to the taxpayer via the chosen electronic information portal (the General Department of Taxation's electronic information portal/the competent state authority’s electronic information portal or T-VAN service provider) within 15 minutes from the receipt of the taxpayer's electronic registration dossier.

+ Dossier checking and handling: The tax authority checks and handles the taxpayer's dossier according to the law on taxpayer registration and returns the handling results via the chosen electronic information portal of the taxpayer.

++ If the dossier is complete and complies with regulations, and results need to be provided: The tax authority sends the handling results to the chosen electronic information portal where the taxpayer has submitted the dossier within the specified time.

++ If the dossier is incomplete or does not comply with regulations, the tax authority sends a notification of non-acceptance to the chosen electronic information portal of the taxpayer within 02 (two) working days from the date recorded on the dossier receipt notification.

What are the 03 methods for TIN deactivation for transferor, acquired or consolidating enterprises in Vietnam?

According to sub-item 23, Section 2, Part 2 of Administrative Procedures promulgated with Decision 2589/QD-BTC 2021, three methods to carry out the procedure for TIN deactivation for transferor, acquired or consolidating enterprises include:

- Submit directly at the headquarters of the Tax Authority;

+ Or send via the postal system;

+ Or electronically via the electronic information portal of the General Department of Taxation/the competent state authority’s electronic information portal including the National Public Service Portal, the Ministry's public service portal, provincial public service portal as per the one-stop and interconnected mechanism in administrative procedure resolution and is connected to the electronic information portal of the General Department of Taxation/the portal of the T-VAN service provider.