What are regulations on cancellation of tax, late payment interest and fine debt in case of natural disasters or widespread epidemics in Vietnam?

What are regulations on cancellation of tax, late payment interest and fine debt (hereinafter referred to as “tax debt”) in case of natural disasters or widespread epidemics in Vietnam?

Pursuant to Article 24 of Decree 126/2020/ND-CP, the provisions on Cancellation of tax, late payment interest and fine debt (hereinafter referred to as “tax debt”) in case of natural disasters or widespread epidemics are as follows:

- Cases eligible for tax debt cancellation: Taxpayers who suffer material damage due to the impact of natural disasters, catastrophes, or widespread epidemics as publicly announced by competent state agencies.

- Conditions for tax debt cancellation: The taxpayer has been exempted from late payment fees according to Clause 8, Article 59 of the Law on Tax Administration 2019 and has been granted a tax payment extension according to Point a, Clause 1, Article 62 of the Law on Tax Administration 2019 but still suffers damages. The amount of tax, late payment fees, and fines to be written off does not exceed the remaining value of the taxpayer's damage.

- Authority for tax debt cancellation: The authority to write off taxes, late payment fees, and fines is implemented according to Article 87 of the Law on Tax Administration 2019.

- Procedures, process, and documents for tax debt cancellation: In cases of natural disasters, catastrophes, or widespread epidemics as announced by competent state agencies, the Ministry of Finance shall preside and cooperate with related ministries and central authorities to propose to the Government of Vietnam the procedures, process, and documents for tax debt cancellation of taxes, late payment fees, and fines for taxpayers.

What are regulations on cancellation of tax, late payment interest and fine debt in case of natural disasters or widespread epidemics in Vietnam? (Image from the Internet)

Vietnam: What does an application for tax debt cancellation include?

According to Article 16 of Circular 06/2021/TT-BTC, the document set for tax debt cancellation includes:

(1). Official Dispatch requesting tax debt cancellation:

- Official Dispatch requesting tax debt cancellation from the Customs Department where the taxpayer still owes taxes, late payment fees, and fines (for cases under the authority to write off debt of the Director General of the Customs Department, the Minister of Finance, or the Prime Minister of the Government of Vietnam) as per Form No. 16/TXNK Appendix 1 issued with Circular 06/2021/TT-BTC: 01 original copy;

- Official Dispatch requesting tax debt cancellation from either the Customs Department or the Customs Sub-Department (in a province where the Customs Department does not have its main office) where the taxpayer still owes taxes, late payment fees, and fines (for cases under the authority to write off debt of the Chairman of the provincial People's Committee) as per Form No. 16/TXNK Appendix 1 issued with Circular 06/2021/TT-BTC: 01 original copy.

(2). Corresponding to the cases eligible for tax debt cancellation stipulated in Article 85 of the Law on Tax Administration 2019, the document set includes the following documents:

- Decision from competent state authority regarding the bankruptcy declaration of the enterprise for cases stipulated in Clause 1, Article 85 of the Law on Tax Administration 2019: 01 certified copy by the proposing tax-tax debt cancellation agency;

- Death certificate, death notice, or Court Decision declaring missing; Court Decision declaring the incapacity for civil acts or other documents from competent state agencies proving a person is deceased, missing, or incapacitated for civil acts for cases stipulated in Clause 2, Article 85 of the Law on Tax Administration 2019: 01 certified copy by the proposing tax-tax debt cancellation agency;

- Notification from the competent authority regarding the revocation of the Business Registration Certificate, Business License, Cooperative Registration Certificate, Household Business Registration Certificate, Investment Registration Certificate, Establishment and Operation License, Professional Practice Certificate for cases stipulated in Clause 3, Article 85 of the Law on Tax Administration 2019: 01 certified copy by the proposing tax-tax debt cancellation agency;

- Coercive Decisions or documents implementing coercive measures for administrative decisions on tax management for taxpayers who are enterprises or organizations (if any): 01 certified copy by the proposing tax-tax debt cancellation agency;

- Documents from competent state agencies certifying cases affected by natural disasters, catastrophes, or epidemics stipulated in Clause 4, Article 85 of the Law on Tax Administration 2019: 01 certified copy by the proposing tax-tax debt cancellation agency.

Which authority has the power to cancel tax debt in Vietnam?

According to Article 87 of the Law on Tax Administration 2019, the authority for tax debt cancellation is as follows:

- The Chairman of the provincial People's Committee decides on tax debt cancellation in the following cases:

+ Cases stipulated in Clause 1 and Clause 2, Article 85 of the Law on Tax Administration 2019;

+ Households, business households, individual businesses, and individuals as stipulated in Clause 3, Article 85 of the Law on Tax Administration 2019;

+ Enterprises and cooperatives as stipulated in Clause 3, Article 85 of the Law on Tax Administration 2019 with outstanding tax, late payment fees, and fines less than 5,000,000,000 VND.

- The Director General of the General Department of Taxation or the General Director of the General Department of Customs decides on tax debt cancellation for enterprises and cooperatives as stipulated in Clause 3, Article 85 of the Law on Tax Administration 2019 with outstanding tax, late payment fees, and fines from 5,000,000,000 VND to less than 10,000,000,000 VND.

- The Minister of Finance decides on tax debt cancellation for enterprises and cooperatives as stipulated in Clause 3, Article 85 of the Law on Tax Administration 2019 with outstanding tax, late payment fees, and fines from 10,000,000,000 VND to less than 15,000,000,000 VND.

- The Prime Minister of the Government of Vietnam decides on tax debt cancellation for enterprises and cooperatives as stipulated in Clause 3, Article 85 of the Law on Tax Administration 2019 with outstanding tax, late payment fees, and fines from 15,000,000,000 VND or more.

- The Chairman of the provincial People's Committee reports the results of tax, late payment fees, and fines tax debt cancellation to the corresponding level's People's Council during the first annual session. The Minister of Finance aggregates the situation of tax debt cancellation to report to the National Assembly during the state budget settlement.