What is the template of the Decision on tax assessment in 2024 in Vietnam?

What is the template of the Decision on tax assessment in 2024 in Vietnam?

The latest tax assessment decision template in 2024 is used when the tax authority issues a tax assessment decision according to Form 01/ADT in Appendix 3 issued together with Decree 126/2020/ND-CP, and simultaneously sends it to the taxpayer within 3 working days from the date of signing the tax assessment decision.

In case the taxpayer is subject to tax payment as notified by the tax authority, the tax authority does not have to issue a tax assessment decision according to this clause.

- The taxpayer must pay the assessed tax amount according to the tax handling decision of the tax management authority.

If the taxpayer disagrees with the tax amount assessed by the tax authority, they still have to pay that tax amount and have the right to request the tax authority to explain or to complain, to file a lawsuit regarding the tax assessment.

Thus, the latest tax assessment decision template in 2024 will be Form 01/ADT (Download).

What is the template of the Decision on tax assessment in 2024 in Vietnam? (Image from the Internet)

What are cases in which the Decision on tax assessment will be used in Vietnam?

Based on Clause 2, Article 15 of Decree 126/2020/ND-CP, the procedures for tax assessment are regulated as follows:

Tax Assessment Procedures

- When assessing tax, the tax authority notifies the taxpayer in writing about the tax assessment and issues the tax assessment decision. The tax assessment decision must clearly state the reason for tax assessment, basis for tax assessment, assessed tax amount, and deadline for tax payment.

- In case the tax authority conducts tax assessment through tax inspection or audit, the reason for tax assessment, basis for tax assessment, assessed tax amount, and deadline for tax payment must be recorded in the tax inspection or audit report and the tax handling decision of the tax authority.

- If the taxpayer is subjected to tax assessment under the regulations, the tax authority will impose administrative penalties and calculate the late payment interest according to the law.

Therefore, the tax assessment decision template is used in the tax assessment procedure when the tax authority notifies the taxpayer in writing about the tax assessment and then prepares the tax assessment decision template.

In this tax assessment decision template, the reason for tax assessment, basis for tax assessment, assessed tax amount, and deadline for tax payment must be clearly stated.

What are responsibilities of the tax management authority in tax assessment in Vietnam?

First, the tax management authority has the authority to assess tax as stated in Article 19 of Tax Administration Law 2019 as follows:

Powers of the tax management authority

1. Request taxpayers to provide information and documents related to determining tax obligations, including information on investment value; serial numbers, and content of transaction accounts opened at commercial banks, other credit institutions, and explain tax calculation, tax declaration, and tax payment.

2. Request related organizations and individuals to provide information and documents related to determining tax obligations and cooperate with the tax management authority to enforce tax laws.

3. Conduct tax inspections and audits according to the law.

4. Assess tax.

5. Enforce administrative decisions on tax management.

6. Penalize administrative violations in tax management according to authority; disclose on the media the cases of tax law violations.

7. Apply preventive and ensuring measures for penalizing administrative violations in tax management according to the law.

8. Delegate to organizations and individuals to collect certain types of taxes as prescribed by the Government of Vietnam.

9. The tax authority applies a mutual agreement procedure on tax calculation method with taxpayers, with foreign tax authorities or territories that Vietnam has signed an agreement to avoid double taxation and prevent tax evasion for income tax.

10. Purchase information, documents, and data from domestic and foreign providers to serve tax management work; pay collection delegation fees from collected tax revenue or from the tax management authority's budget as prescribed by the Government of Vietnam.

Simultaneously, the responsibilities of the tax management authority in tax assessment are detailed in Article 53 of Tax Administration Law 2019 as follows:

- The tax management authority notifies the taxpayer in writing about the reason for tax assessment, basis for tax assessment, assessed tax amount, and deadline for tax payment.

- In case the tax management authority conducts tax assessment through tax inspection or audit, the reason for tax assessment, basis for tax assessment, assessed tax amount, and deadline for tax payment must be recorded in the tax inspection or audit report and the tax handling decision of the tax management authority.

- If the assessed tax amount by the tax management authority is higher than the tax amount payable according to the complaint resolution decision of the competent authority or the court judgment, the tax management authority must refund the excess tax amount.

- If the assessed tax amount by the tax management authority is lower than the tax amount payable according to the complaint resolution decision of the competent authority or the court judgment, the taxpayer must make an additional payment. The tax management authority is responsible for the tax assessment.