What are taxes and other revenue under the Vietnam's state budget declared separately in Vietnam?

What are taxes and other revenue under the Vietnam's state budget declared separately in Vietnam?

Pursuant to Clause 4, Article 8 of Decree 126/2020/ND-CP, the taxes and other revenues under the Vietnam's state budget that are declared separately include:

- Value-added tax (VAT) for taxpayers as prescribed in Clause 3, Article 7 of Decree 126/2020/ND-CP or taxpayers declaring VAT directly on added value as prescribed by tax laws, but with an arising obligation to VAT for real estate transfer activities.

- Excise tax for taxpayers engaged in export business who have not paid the excise tax at the production stage but later sell domestically instead of exporting.

Excise tax for business establishments purchasing domestically produced automobiles, aircraft, yachts subject to non-tax but later changing the usage to tax-inclusive subjects.

- Taxes on exported and imported goods, including: export tax, import tax, safeguard tax, anti-dumping tax, countervailing tax, excise tax, environmental protection tax, VAT.

If exported and imported goods are not declared separately, follow the instructions from the Ministry of Finance.

- Resource tax for organizations assigned to sell captured or confiscated resources; non-regular resource extraction licensed by competent state agencies or not requiring licensing according to the law.

- VAT, corporate income tax (CIT) irregularly arising for taxpayers applying direct method on added value and ratio on revenue as prescribed by tax laws; except for cases where taxpayers have multiple occurrences within a month then declare monthly.

- CIT on real estate transfer activities applying the ratio on revenue as prescribed by tax laws.

- Personal income tax (PIT) directly declared by individuals or declared and paid by organizations or individuals on behalf of other incomes from real estate transfer, capital transfer, capital investment, royalties, franchises, winnings from abroad, inheritances, and gifts.

- Taxes and revenues from individuals leasing assets, household businesses, individuals without fixed business locations, and irregular business activities.

- Registration fees (including cases exempt from registration fees as prescribed by law).

- Environmental protection fees for irregularly extracted minerals licensed by competent state agencies or not requiring licensing according to the law.

- Land use fees.

- Land rent, water surface rent paid once for the entire lease period.

- VAT, CIT for foreign organizations, individuals doing business or earning income in Vietnam (hereinafter referred to as foreign contractors) applying direct method; CIT for foreign contractors applying hybrid method when Vietnamese parties make payments to foreign contractors.

In case of multiple payments in a month to foreign contractors, declare monthly instead of each occurrence.

- CIT from capital transfer activities of foreign contractors.

- CIT on income from the transfer of petroleum participation rights.

The transferor of petroleum participation rights must declare and pay tax on income from such transfers.

If the transfer changes the owner of a contractor holding participation rights in a petroleum contract in Vietnam, the contractor named in the contract must notify the tax authority when the transfer arises and declare, pay tax on behalf of the transferor for the related income arising from the contract in Vietnam as prescribed.

- Oil, gas royalties; fees from reading and using petroleum documents.

- Surcharge and CIT from surplus money of deferred oil of Vietsovpetro Joint Venture in Lot 09.1 no later than the 10th day from the Joint Venture Council's decision on the deferred oil surplus as per the Council's Resolution, but no later than December 31 each year.

- Provisional declaration of exploited oil and gas output and provisional tax submission rate no later than December 1 of the preceding tax year.

- Dividends, profits from state capital investment in joint-stock companies or two-member limited liability companies or more under the representation of ministries, government agencies, or local governments when these companies distribute dividends or profits.

The state capital representative in joint-stock companies or two-member limited liability companies must vote for dividend or profit distribution when conditions as per the 2020 Enterprise Law are met, simultaneously urging these companies to transfer the distributed state capital part to the Vietnam's state budget as prescribed.

If these companies violate the dividend or profit distribution deadline as per the 2020 Enterprise Law, the state capital representative must report to the Ministry of Finance and the state capital representative agency for handling per law.

What are taxes and revenues declared separately in Vietnam? (Image from the Internet)

Where to submit tax declaration dossiers for taxes declared and paid separately in Vietnam?

According to Clause 6, Article 11 of Decree 126/2020/ND-CP, the place for submitting tax declaration dossiers for taxpayers with tax obligations declared and paid separately under Point b, Clause 4, Article 45 of the Tax Administration Law 2019 is at the direct managing tax authority, except in the following cases:

- Tax declaration dossiers specified in Points a, d, e, k of Clause 4, Article 8 of Decree 126/2020/ND-CP are submitted at the tax authority where business activities arise or where other obligations arise, different from the province-level locality where the taxpayer's head office is located.

- Export and import goods tax declaration dossiers specified in Point c, Clause 4, Article 8 of Decree 126/2020/ND-CP are submitted at the customs authority where customs declarations are registered.

In case exported and imported goods require customs declaration only for tax payment at export-import stages in the new declaration, the tax declaration dossier is submitted at the customs authority where the initial export-import customs declaration is registered.

- CIT declaration dossiers for capital transfer activities of foreign contractors at the direct managing tax authority of the enterprise where the foreign contractor invests (including cases where organizations or individuals declare on behalf of a foreign contractor and cases where organizations established under Vietnamese law where the foreign contractor invests declare on behalf if the transferee is also a foreign contractor).

- Contractors submit CIT declaration dossiers for transferring petroleum participation rights at the direct managing tax authority of petroleum contracts with participation rights transfer (including cases of ownership change of the contractor holding participation rights).

- Individuals with capital transfer income, capital investment must declare directly with the tax authority submitting tax declaration dossiers at the tax authority managing the issuing unit.

- Individuals with royalties, franchise incomes, winnings from abroad; inheritances, and gifts of other assets (except real estate; assets requiring ownership registration rights) at abroad must declare directly with the tax authority submitting tax declaration dossiers at the tax authority where the individual resides.

- Individuals with income from leasing assets (except for real estate) submit tax declaration dossiers at the tax authority where the individual resides. Individuals with income from leasing real estate in Vietnam submit declaration dossiers at the tax authority where the real estate is located. Individuals with real estate lease income abroad submit declaration dossiers at the direct managing tax authority where the individual resides.

- Individuals with inheritance, gift income of other assets requiring ownership registration submit tax declaration dossiers at the tax authority where the registration fee is declared.

- Household businesses, individual businesses without fixed business locations, and irregular business activities submit tax declaration dossiers at the tax authority where the individual resides.

- Organizations, individuals registering for asset use, ownership rights apart from houses and land (including cases exempt from registration fees per law) submit registration fee declaration dossiers at the tax authority where the asset use, ownership right is registered or at a location decided by the provincial People's Committee.

When is the deadline for submitting tax declaration dossiers for taxes declared and paid separately in Vietnam?

According to Clause 3, Article 44 of the Tax Administration Law 2019, the deadline for submitting tax declaration dossiers is as follows:

Deadline for Submitting Tax declaration dossiers

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3. The deadline for submitting tax declaration dossiers for taxes declared and paid each time tax obligations arise is no later than the 10th day from the arising date.

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Therefore, the latest is the 10th day from the tax obligation arising date for taxes declared and paid separately, taxpayers must submit tax declaration dossiers.