What is the time limit for initial taxpayer registration in Vietnam?

What is the time limit for initial taxpayer registration in Vietnam?

Under Article 33 of the Tax Administration Law 2019, the time limit for initial taxpayer registration is as follows:

-  For taxpayers who combine taxpayer registration with business registration, the time limit for taxpayer registration is the time limit for business registration as prescribed by law.

- For taxpayers directly registered with tax authorities, the time limit for taxpayer registration is 10 working days starting from the day on which:

+ the certificate of household business registration, establishment and operation license, investment registration certificate or establishment decision is granted;

+ the taxpayer inaugurates business operation for organizations that are not required to apply for business registration and household businesses and individual businesses that are required to apply for business registration but yet to be granted the business registration certificate;

+ the responsibility to deduct and pay tax on behalf of individuals arises; organizations paying tax on behalf of individuals according to business cooperation contracts and/or agreements;

+ the contract with the foreign contractor and/or subcontractors who directly declare and pay tax to tax authorities; the petroleum contract or agreement is concluded;

dd) personal income tax is incurred;

+ tax refund in claimed;

+ other amounts payable to the state budget are incurred.

- In case an individual does not have a TIN, his/her income payer shall apply for taxpayer registration on his/her behalf in no later than 10 working days starting from the date tax liabilities are incurred; in case a dependant of a taxpayer does not have a TIN, the income payer shall apply for taxpayer registration for the dependant in no later than 10 working days starting from the date the taxpayer applies for dependant exemption as prescribed by law.

What is the time limit for initial taxpayer registration in Vietnam? (Image from the Internet)

Which entities are subject to taxpayer registration in Vietnam?

Under Article 30 of the Tax Administration Law 2019, the entities subject to taxpayer registration include:

- Enterprises, organizations and/or individuals shall apply for taxpayer registration through the interlinked single-window system together with enterprise, cooperative or business registration (hereinafter referred to as “business registration”) as prescribed in the Enterprise Law 2020 and other relevant regulations; (1)

- Organizations and individuals beside those stipulated in (1) shall register directly with tax authorities as regulated by the Minister of Finance.

Which documents are included in the initial taxpayer registration application in Vietnam?

According to  Article 31 of the Tax Administration Law 2019, the initial taxpayer registration application is specifically stipulated as follows:

- For taxpayers who combine taxpayer registration with business registration, taxpayer registration application is the application for business registration as prescribed by law.

- If the taxpayer is an organization registering directly with the tax authority, the taxpayer registration application shall include:

+ The taxpayer registration form;

+ Copies of valid establishment and operation license, establishment decision, investment registration certificate or equivalent documents granted by competent authorities;

+ Other relevant documents.

- If the taxpayer is a household, household business or individual business directly registered with the tax authority, the taxpayer registration application shall include:

+ The registration form or tax return;

+ Copy of the identity card or passport;

+ Other relevant documents.

Note: Sharing of information between state management agencies and tax authorities for receipt of taxpayer registration applications and TIN issuance via the interlinked single-window system on portals shall be implemented as prescribed by law.

Where is the initial taxpayer registration application in Vietnam submitted?

Under Article 32 of the Tax Administration Law 2019, the places for submission of initial taxpayer registration applications in Vietnam are as follows:

-  For taxpayers who combine taxpayer registration with business registration, the taxpayer registration application and the business registration application shall be submitted to the same authority as prescribed by law.

- Taxpayers directly registered with tax authorities shall submit their applications as follows:

+ Organizations, household businesses and individual businesses shall submit their applications to tax authorities of the areas where their headquarters are located;

+ Organizations and individuals responsible for withholding and paying tax on taxpayers’ behalf shall submit their applications to their supervisory tax authorities;

+ Non-business households and individuals shall submit their taxpayer registration applications to tax authorities where taxable income is incurred, where permanent residence or temporary residence is registered or where amounts payable to the state budget are incurred.

- Individuals authorizing their income payers to apply for taxpayer registration of themselves and their dependants shall submit their taxpayer registration applications to the income payers. The income payers shall be responsible for preparing and submitting such taxpayer registration applications to their supervisory tax authorities.