What are the fines for delaying the submission of tax declarations in Vietnam?

What are the fines for delaying the submission of tax declarations in Vietnam?

Under the provisions of Article 13 of Decree 125/2020/ND-CP, the penalties and remedial measures for delaying the submission of the tax declarations for March 2024 are as follows:

(1) Penalties imposed in the form of cautions shall be imposed for violations arising from filing tax declaration dossiers from 01 to 05 days after expiration of the prescribed time limits under mitigating circumstances.

(2) Fines ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of submitting tax declaration dossiers from 01 to 30 days after expiration of the prescribed time limits, except the cases specified in clause 1 of this Article.

(3) Fines ranging from VND 5,000,000 to VND 8,000,000 shall be imposed for the act of submitting tax declaration dossiers from 31 to 60 days after expiration of the prescribed time limits.

(4) Fines ranging from VND 8,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

- Filing tax declaration dossiers from 61 to 90 days after expiration of the prescribed time limits;

- Filing tax declaration dossiers at least 91 days after expiration of the prescribed time limits if none of additional taxes is incurred;

- Failing to submit tax declaration dossiers if none of additional taxes are incurred;

- Failing to submit annexes under regulations regarding tax administration by enterprises having related-party transactions, enclosing CIT finalization dossiers.

(5) Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for the act of filing tax declaration dossiers more than 90 days after the prescribed deadline if such act results in additional taxes to be paid, and the taxpayer has fully paid taxes, deferred amounts into the state budget before the time of the tax authority’s announcement of the decision on tax inspection and examination, or before the time of the tax authority’s issuance of the report on the deferred submission of tax declaration dossiers under the provisions of clause 11 of Article 143 of the Law on Tax Administration 2019.

Note: The above fines are applicable to organizations. Fines for individuals are half those for organizations. For taxpayers who are households or household businesses, the fine is the same as for individuals.

What are the remedial measures for delaying the submission of tax declarations in Vietnam?

According to Clause 6, Article 13 of Decree 125/2020/ND-CP, the remedial measures for delaying the submission of tax declarations are as follows:

- Compelling the full payment of deferred tax amounts into the state budget with respect to the commission of the acts prescribed in clause 1, 2, 3, 4 and 5 of Article 13 of Decree 125/2020/ND-CP if the taxpayer delays filing their tax declaration dossier, leading to the late payment of taxes;

- Compelling the submission of tax declaration dossiers, enclosing annexes, in case of committing the acts specified in point c and d of clause 4 of Article 13 of Decree 125/2020/ND-CP.

What are the fines for delaying the submission of tax declarations in Vietnam? (Image from the Internet)

When is the deadline for submitting monthly tax declarations in Vietnam?

According to Article 44 of the Law on Tax Administration 2019, the deadlines for submitting tax declaration dossiers are as follows:

Deadlines for submission of tax declaration dossiers

1. Deadlines for submission of tax declaration dossiers of taxes declared monthly and quarterly:

a) For taxes declared monthly: the 20th of the month succeeding the month in which tax is incurred;

b) For taxes declared quarterly: the last day of the first month of the succeeding quarter.

2. For taxes declared annually:

a) For annual tax statement dossiers: the last day of the 3rd month from the end of the calendar year or fiscal year. For annual tax declaration dossiers: the last day of the first month from the end of the calendar year or fiscal year

b) For annual personal income tax statements prepared by income earners: the last day of the 4th month from the end of the calendar year;

c) For presumptive tax declarations prepared by household businesses and individual businesses: the 15th of December of the preceding year. For new household businesses and individual businesses: within 10 days from the date of commencement of the business.

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According to Article 86 of Circular 80/2021/TT-BTC:

Deadlines for submission of tax declaration dossiers and tax payment

Deadlines for submission of tax declaration dossiers shall comply with Clauses 1, 2, 3, 4, 5 Article 44 of the Law on Tax Administration and Article 10 of Decree No. 126/2020/ND-CP. Deadlines for tax payment shall comply with Clauses 1, 2, 3 Article 55 of the Law on Tax Administration and Article 18 of Decree No. 126/2020/ND-CP. In case the deadline is not a working day, it shall be the succeeding working day according to

Thus, the deadline for submitting the monthly tax declaration is the 20th of the month succeeding the month in which tax is incurred.

For example, the deadline for submitting the tax declaration for August 2024 is September 20, 2024.

However, in cases where the deadline for submitting tax declarations or paying taxes coincides with a holiday, the deadline will be the next working day after the holiday.